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Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
Provides readers with an article-by-article commentary of the Resolution adopted in 2015 by the Institute of International Law on the question of state succession in matters of state responsibility
The only book providing readers with numerous examples of arbitral awards and judicial decisions (both domestic and international), state practice and opinions of scholars explaining the rationale and the reasons why the Institute adopted specific solutions to address particular problems for each provision
Presents an analysis of the Draft Articles proposed by ILC Special Rapporteur in his First and Second Reports
Part I. Introduction: Part II. Article-by-Article Commentary:
1. General provisions
2. Common rules
3. Provisions concerning specific categories of succession of States.
Description
Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
Provides readers with an article-by-article commentary of the Resolution adopted in 2015 by the Institute of International Law on the question of state succession in matters of state responsibility
The only book providing readers with numerous examples of arbitral awards and judicial decisions (both domestic and international), state practice and opinions of scholars explaining the rationale and the reasons why the Institute adopted specific solutions to address particular problems for each provision
Presents an analysis of the Draft Articles proposed by ILC Special Rapporteur in his First and Second Reports
