Journal Article

State Succession to Investment Treaties: Mapping the Issues

Christian J. Tams

in ICSID Review - Foreign Investment Law Journal

Volume 31, issue 2, pages 314-343
Published in print May 2016 | ISSN: 0258-3690
Published online June 2016 | e-ISSN: 2049-1999 | DOI: https://dx.doi.org/10.1093/icsidreview/siw006
State Succession to Investment Treaties: Mapping the Issues 

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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.

Journal Article.  18820 words. 

Subjects: Arbitration ; Company and Commercial Law ; Settlement of Disputes

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