State Succession to International Responsibility ( 1 )

Publication series ：1

Author： Dumberry   Patrick  

Publisher： Brill‎

Publication year： 2007

E-ISBN: 9789047420668

P-ISBN(Paperback): 9789004158825

P-ISBN(Hardback):  9789004158825

Subject： D992 National

Keyword： 法律

Language： ENG

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Description

This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

Chapter

Acknowledgments

Abbreviations

Foreword

PART I GENERAL INTRODUCTION

General introduction

1. The issue addressed in this study

2. The objective of this study

3. Relevance of this study

4. Scope of this study

PART II SUCCESSION OF STATES TO THE OBLIGATION TO REPAIR

Chapter 1 Analysis of doctrine

1. The doctrine of non-succession

2. Challenges and criticisms of the doctrine of non-succession

Chapter 2 Analysis of State practice and case law

1. Incorporation of State

2. Unification of States

3. Dissolution of State

4. Cession and transfer of territory

5. Secession

6. Creation of Newly Independent States

7. Conclusion to Chapter 2

Chapter 3 Analysis of specific issues

1. The predecessor State recognises its liability for an internationally Wrongful Act

2. A Judicial Body Finds the Predecessor State Responsible for an Internationally Wrongful Act

3. The successor State accepts to take over the responsibility for an internationally wrongful act

4. The successor State continues an internationally wrongful act committed by the predecessor State

5. An insurrectional movement commits an internationally wrongful act during its struggle to establish a new State

6. The predecessor State commits an internationally wrongful act during the struggle of an insurrectional movement to establish a new State

7. An autonomous government commits an internationally wrongful act

8. The use of the principle of unjust enrichment to resolve issues of succession to responsibility

9. The use of the principle of equity to resolve issues of succession to responsibility

10. The relevance of the territorial factor to resolve issues of succession to responsibility

11. The relevance of treaty succession to resolve issues of succession to responsibility

12. Internationally wrongful acts having a special character

Chapter 4 General conclusion to Part II

PART III SUCCESSION OF STATES TO THE RIGHT TO REPARATION

Chapter 1 The commission of an internationally wrongful act directly affecting the predecessor State

1. Analysis of doctrine

2. Analysis of State practice and case law

3. Conclusion to Chapter 1

Chapter 2 The commission of an internationally wrongful act affecting a national of the predecessor State

1. Analysis of doctrine

2. Analysis of State practice and case law

3. Conclusion to Chapter 2

Chapter 3 General conclusion to Part III

PART IV GENERAL CONCLUSION

Annexes 1 to 3

Bibliography

Detailed Table of Contents

General Index

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