The Institute of International Law's Resolution on State Succession and 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).

• Part I. Introduction: Part II. Article-by-Article Commentary: 1. General provisions; 2. Common rules; 3. Provisions concerning specific categories of succession of States.

'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