Part I. Introduction: Part II. Article-by-Article Commentary: 1. General provisions; 2. Common rules; 3. Provisions concerning specific categories of succession of States.
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
Marcelo Kohen is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, where he has been a member of the faculty since 1995. He is a Titular Member of the Institute of International Law, and its Secretary General since 2015. He has worked as legal counsel and advocate for a number of States before the International Court of Justice, the International Tribunal for the Law of the Sea and other tribunals. He also acts as an arbitrator. He has been visiting professor at several European universities, and the author of many publications in the field of International Law, in English, French and Spanish. He was the Rapporteur of the Institut de Droit International on the question of State succession in matters of State responsibility and also co-rapporteur for the International Law Association and the Council of Europe on State succession and State immunity matters. He was awarded the Paul Guggenheim Prize in 1997 for his book Possession contestée et souveraineté territoriale (1997). Patrick Dumberry is Professor of Law at the University of Ottawa. He practised international arbitration for several years with Lalive in Geneva and Norton Rose in Montreal, as well as with Canada's Ministry of Foreign Affairs. He continues to work as counsel and expert in arbitration cases. He is the author of more than sixty publications in international investment law and international law, including five other books: State Succession to International Responsibility (2007); The Fair and Equitable Treatment Standard: A Guide to NAFTA Case Law on Article 1105 (2013); The Formation and Identification of Rules of Customary International Law in International Investment Law (Cambridge, 2016); Fair and Equitable Treatment: Its Interaction with the Minimum Standard and its Customary Status (2018); and A Guide to State Succession in International Investment Law (2018).
'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
'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
'The book … fills a major lacuna in the law of State succession.
The Institut de droit international put the subject of State
succession in the matter of State responsibility on its agenda in
2003 and selected professor Marcelo Kohen as rapporteur of the
commission in 2007. In the meantime Professor Kohen supervised the
substantial dissertation of Patrick Dumberry on the same matter. On
the enlightening and efficient direction of professor Kohen the
Commission succeeded in preparing a substantial and well structured
resolution which was adopted by the Institut at its Tallin session
(2015). This resolution, which is presented and commented in the
present book, shows that the Institut has a modest but solid role
in the codification of international law. The analysis offered by
two eminent specialists offer to governments and practitioners the
opportunity to obtain nuanced answers to the questions generated by
this complex subject.' Jean Salmon, l'Université libre de Bruxelles
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