State succession to investment treaties: Mapping the issues
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
Standard
in: ICSID Review, Jahrgang 31, Nr. 2, 02.06.2016, S. 314-343.
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
Harvard
APA
Vancouver
Bibtex
}
RIS
TY - JOUR
T1 - State succession to investment treaties
T2 - Mapping the issues
AU - Tams, Christian J.
N1 - Issue Section: Special Focus Issue: The Intersection Between Investment Arbitration and Public International Law
PY - 2016/6/2
Y1 - 2016/6/2
N2 - Following recent decisions in Sanum v Laos and World Wide Minerals v Kazakhstan, investment lawyers have begun to engage with the legal rules governing State succession to treaties. As State succession is one of the more technical and controversial areas of general international law, this engagement can present challenges; however, the issues are too important to be ignored. This article maps out the most pressing questions of State succession that investment lawyers have faced, or are likely to face in the future. It identifies the three most salient problems - viz the succession of new States to ICSID membership and to old BITs, and the impact of cession of territory on investment protection. With respect to each of these three problems, the article analyses the general regime of State succession and its application to the investment law context, highlighting uncertainties in the law and proposing ways of dealing with them.
AB - Following recent decisions in Sanum v Laos and World Wide Minerals v Kazakhstan, investment lawyers have begun to engage with the legal rules governing State succession to treaties. As State succession is one of the more technical and controversial areas of general international law, this engagement can present challenges; however, the issues are too important to be ignored. This article maps out the most pressing questions of State succession that investment lawyers have faced, or are likely to face in the future. It identifies the three most salient problems - viz the succession of new States to ICSID membership and to old BITs, and the impact of cession of territory on investment protection. With respect to each of these three problems, the article analyses the general regime of State succession and its application to the investment law context, highlighting uncertainties in the law and proposing ways of dealing with them.
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=84996981454&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/27ce97f8-d0b9-3eb4-8c91-9fe07c1c2e72/
U2 - 10.1093/icsidreview/siw006
DO - 10.1093/icsidreview/siw006
M3 - Journal articles
AN - SCOPUS:84996981454
VL - 31
SP - 314
EP - 343
JO - ICSID Review
JF - ICSID Review
SN - 0258-3690
IS - 2
ER -