Description
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.
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
About the Author
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 contestee et souverainete 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).
Reviews
'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, Universite Paris 1, Pantheon 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'Universite libre de Bruxelles
Book Information
ISBN 9781108733892
Author Marcelo G. Kohen
Format Paperback
Page Count 190
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 320g
Dimensions(mm) 228mm * 152mm * 9mm
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
About the Author
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 contestee et souverainete 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).
Reviews
'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, Universite Paris 1, Pantheon 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'Universite libre de Bruxelles
Book Information
ISBN 9781108733892
Author Marcelo G. Kohen
Format Paperback
Page Count 190
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 320g
Dimensions(mm) 228mm * 152mm * 9mm
