Guide to State Succession in International Investment Law

Patrick Dumberry, Professor, Faculty of Law (Civil Law Section), University of Ottawa, Canada

• Contents: Part A General Introduction 1. Concepts Part B State Succession to bilateral investment Treaties 2. Introduction 3. State practice regarding the continuation of predecessor States’ BITs 4. Different forms of consent by States for the continuation of BITs 5. Critical analysis of the solutions adopted by the Vienna Covention 6. BIT Arbitration cases involving State succession issues Part C State Succession to Multilateral treaties 7. The Continuity principle adopted under the Vienna Convention for secession and dissolution 8. One (Hypothetical) illustration of succession to multilateral treaties: the case of NAFTA and Quebec’s secession 9. State succession to the ICSID Convention Part D State Succession to State Contracts 10. State succession to acquired rights under contracts 11. The concept of State contracts and its unique characteristics 12. Modification of State Contracts by the Successor State 13. Succession to State contracts depends on what types of succession is involved 14. Succession to State contracts depends on whether a number of factors and circumstances are involved Part E Specific problems arising when State succession occurs during arbitration proceedings 15. Succession affecting the respondent State 16. Succession affecting the home State of the claimant investor and resulting in changes of nationality Part F General conclusion 17. General Conclusion Index

'This book takes an apparently narrow topic and accords it an almost epic intellectual scale. The dissolution of States may not happen every day, but when it does the practical implications for affected investment treaties and government contracts will be found in this book. Its unique contribution is to combine deep research and thinking about one of the most inchoate (and under-explored) concepts of international law with practical problems and real disputes.'--Noah Rubins, Freshfields Bruckhaus Deringer