The Institute of International Law's Resolution on State Succession and State Responsibility: Introduction, Text and Commentaries - Softcover

Kohen, Marcelo G.; Dumberry, Patrick

Softcover

ISBN 10: 1108733891 ISBN 13: 9781108733892

Publisher: Cambridge University Press, 2019

Synopsis

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.

About this title

Review:

Advance praise: 'This article-by-article commentary of the Resolution by the Institute of International Law (ILL) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. ... The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILL Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. It contains the most up-to-date comprehensive survey of existing State practice, judicial decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession.' Brigitte Stern, Université Paris 1, Panthéon Sorbonne

Advance praise: 'The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field.' Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States

Book Description:

This book contains an analysis of the Resolution adopted in 2015 by the Institute of International Law, on the question of state succession in matters of state responsibility. It explains the content of each provision based on a comprehensive survey of state practice, juridical decisions, and scholarly works.

About this edition

• Publisher: Cambridge University Press
• Publication date: 2019
• ISBN 10: 1108733891
• ISBN 13: 9781108733892
• Binding: Paperback
• Number of pages: 190