The Policies Of State Succession
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The Policies Of State Succession
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Author : Robert D. Sloane
language : en
Publisher:
Release Date : 2007
The Policies Of State Succession written by Robert D. Sloane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
In State Succession and Commercial Obligations (2006), Tai-Heng Cheng applies the New Haven School methodology to an opaque and unsettled body of international law: that governing the commercial rights and duties of states, creditors, and other participants in the unruly process of state succession. Rather than work within inherited conceptual and doctrinal frameworks, which have seldom proved either helpful or descriptively accurate, Cheng provides a fresh perspective on the issues. He argues that a policy-oriented perspective on state succession ameliorates the "descriptive inaccuracy" and "normative deficit" of inherited theories. Part I of this review considers the former claim; Part II the latter. I find Cheng's analysis of state succession relative to commercial obligations sophisticated, pragmatic, descriptively comprehensive, and for the most part, normatively compelling. But it may be too ambitious. Defining disruptions to global commerce as the indicia of state succession tends to inflect, and at times to bias, the general analysis of the diverse phenomena that fall within the rubric of state succession. This commercial focus can obscure or normatively predispose our understanding and appraisal of equally vital, but non-economic, dimensions of state succession, including the core policy goals - self-determination and global order - that Cheng identifies and recommends. To a certain extent, this compromises the work's descriptive accuracy and normative appeal. But far from "failing to provide the very guidance that real-life decision makers expect from their lawyers," as critics of the New Haven School often charge, Cheng's policy-oriented analysis strikes me as more helpful to practicing lawyers and decision makers than anything that has preceded it.
State Succession And Commercial Obligations
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Author : Tai-Heng Cheng
language : en
Publisher: BRILL
Release Date : 2006-07-19
State Succession And Commercial Obligations written by Tai-Heng Cheng and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-19 with Law categories.
State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. The insightful text identifies a common thread running through these seemingly disparate events. Because of globalization and our interdependence, transnational decision-makers have collectively shaped international law to protect the international infrastructure from being disrupted by state succession and to protect entities from being debilitated by post-succession obligations. State Succession and Commercial Obligations makes another major breakthrough by showing that the policy considerations and decision-making processes are similar in both state and government successions. Unlike prior theories that were bound by technical distinctions between state and government succession, this book’s approach helps decision-makers bring order to both state and government successions that continue to be problematic today, such as the “regime changes” in Iraq, Afghanistan and Kosovo. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred. Because this book distills complex legal concepts into elegant ideas, it is also fascinating reading for a general audience that has an interest in global affairs and the transformative successions since the end of the Cold War. Published under the Transnational Publishers imprint.
The American Doctrine Of State Succession
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Author : Herbert Arnold Wilkinson
language : en
Publisher: Greenwood Publishing Group
Release Date : 1934
The American Doctrine Of State Succession written by Herbert Arnold Wilkinson and has been published by Greenwood Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 1934 with Law categories.
This study investigates whether or not the U.S. has a consistent policy for dealing with state changes, and what that policy is. It evaluates state succession as it affects public law and government; private law and private rights; nationality; public debts and financial obligations; and treaties.
Succession Of States
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Author : Mojmir Mrak
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-02-24
Succession Of States written by Mojmir Mrak and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-02-24 with Law categories.
The renewed interest in matters of state succession which accompanied the dissolution of three multinational, socialist states in post-communist Europe inspired the preparation of this book. The book aims to provide both practical lessons of individual countries being directly involved in matters of state succession, and more theoretical contributions to expand the body of conceptual literature in this area. Its contributions address a wide variety of matters, ranging from problems associated with the recognition of states, issues of state succession with respect to international treaties and membership in international organizations, through specific issues such as citizenship, external debts and archives. The diversity of contributions therefore provides a relatively complete survey of matters pertaining to succession of states, especially those relating to the legal, economic and financial aspects. While some authors address universal questions of state succession or the issue of membership in international organizations, most contributions focus on issue-specific problems involving state succession to three Central and Eastern European states and, in particular, the break-up of the SFRY. The contributors are policy-makers, academic lawyers and economists actively involved in succession of states issues, either in their respective countries or in various international fora. The majority of contributions collected in this book are updated and revised versions of articles published in the December 1996 issue of "Development and International Cooperation,"
Succession Of States
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Author : Mojmir Mrak
language : en
Publisher: BRILL
Release Date : 2023-12-04
Succession Of States written by Mojmir Mrak and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-04 with Law categories.
The renewed interest in matters of state succession which accompanied the dissolution of three multinational, socialist states in post-communist Europe inspired the preparation of this book. The book aims to provide both practical lessons of individual countries being directly involved in matters of state succession, and more theoretical contributions to expand the body of conceptual literature in this area. Its contributions address a wide variety of matters, ranging from problems associated with the recognition of states, issues of state succession with respect to international treaties and membership in international organizations, through specific issues such as citizenship, external debts and archives. The diversity of contributions therefore provides a relatively complete survey of matters pertaining to succession of states, especially those relating to the legal, economic and financial aspects. While some authors address universal questions of state succession or the issue of membership in international organizations, most contributions focus on issue-specific problems involving state succession to three Central and Eastern European states and, in particular, the break-up of the SFRY. The contributors are policy-makers, academic lawyers and economists actively involved in succession of states issues, either in their respective countries or in various international fora. The majority of contributions collected in this book are updated and revised versions of articles published in the December 1996 issue of Development and International Cooperation.
A Guide To State Succession In International Investment Law
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Author : Patrick Dumberry
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27
A Guide To State Succession In International Investment Law written by Patrick Dumberry and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
The Law Of State Succession
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Author : Daniel Patrick O'Connell
language : en
Publisher:
Release Date : 1956
The Law Of State Succession written by Daniel Patrick O'Connell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with State succession categories.
The Institute Of International Law S Resolution On State Succession And State Responsibility
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Author : Marcelo G. Kohen
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14
The Institute Of International Law S Resolution On State Succession And State Responsibility written by Marcelo G. Kohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-14 with Law categories.
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
The Decolonization Of International Law
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Author : Matthew Craven
language : en
Publisher: Oxford University Press
Release Date : 2007
The Decolonization Of International Law written by Matthew Craven and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Against the backdrop of decolonisation and the territorial adjustments of the 1990s, the issue of state succession continues to be a complex focal point for public international law. This book re-assesses the foundations of the law of succession, assessing the attempts, and failures to achieve a codified body of law.
Public Debts And State Succession
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Author : Ernst Hermann Feilchenfeld
language : en
Publisher:
Release Date : 1972
Public Debts And State Succession written by Ernst Hermann Feilchenfeld and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Annexation (International law) categories.