To Settle the Succession of the State

To Settle the Succession of the State PDF Author: James Alan Downie
Publisher:
ISBN:
Category : English literature
Languages : en
Pages : 192

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Book Description
The safety of the Protestant Succession dominated politics from the Exclusion Crisis to the Forty-Five rebellion, and for more than half a century questions of religion and ideology were inextricably linked to the choice between de facto reigning monarchs and exiled Stuart Pretenders. The writings of the period are shot through with politics, and this volume in the Context and Commentary series is designed to illustrate how literature forms, modifies and reflects political ideologies.

A Guide to State Succession in International Investment Law

A Guide to State Succession in International Investment Law PDF Author: Patrick Dumberry
Publisher: Edward Elgar Publishing
ISBN: 1788116615
Category : Law
Languages : en
Pages : 552

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Book Description
A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

International Investment Law

International Investment Law PDF Author: Tarcisio Gazzini
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214534
Category : Law
Languages : en
Pages : 363

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Book Description
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

The Law of State Succession

The Law of State Succession PDF Author: D. P. O' Connell
Publisher: Cambridge University Press
ISBN: 1107594693
Category : Law
Languages : en
Pages : 467

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Book Description
First published in 1956, this book presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence.

Public Debts and State Succession

Public Debts and State Succession PDF Author: Ernst Hermann Feilchenfeld
Publisher:
ISBN:
Category : Debts, Public
Languages : en
Pages : 968

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Book Description


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

The Institute of International Law's Resolution on State Succession and State Responsibility PDF Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 1108751385
Category : Law
Languages : en
Pages : 191

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Book 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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

State Succession in Cultural Property

State Succession in Cultural Property PDF Author: Andrzej Jakubowski
Publisher: OUP Oxford
ISBN: 0191058009
Category : Law
Languages : en
Pages : 420

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Book Description
The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.

State Succession and Commercial Obligations

State Succession and Commercial Obligations PDF Author: Tai-Heng Cheng
Publisher: BRILL
ISBN: 9047440021
Category : Law
Languages : en
Pages : 500

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Book Description
State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. The insightful text identifies a common thread running through these seemingly disparate events. Because of globalization and our interdependence, transnational decision-makers have collectively shaped international law to protect the international infrastructure from being disrupted by state succession and to protect entities from being debilitated by post-succession obligations. State Succession and Commercial Obligations makes another major breakthrough by showing that the policy considerations and decision-making processes are similar in both state and government successions. Unlike prior theories that were bound by technical distinctions between state and government succession, this book’s approach helps decision-makers bring order to both state and government successions that continue to be problematic today, such as the “regime changes” in Iraq, Afghanistan and Kosovo. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred. Because this book distills complex legal concepts into elegant ideas, it is also fascinating reading for a general audience that has an interest in global affairs and the transformative successions since the end of the Cold War. Published under the Transnational Publishers imprint.

The Right to be King

The Right to be King PDF Author: Howard Nenner
Publisher: Springer
ISBN: 1349129526
Category : History
Languages : en
Pages : 355

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Book Description
This book examines the theory and practice of the English monarchical succession from the end of Elizabeth's reign to the accession of George I. Tracing the transition from an uncertain rule to a crown in the disposal of parliament, Nenner focuses on the major routes to the throne over the long seventeenth century: hereditary right, conquest, and election. It is a study of the competing principles of parliamentary sovereignty and fundamental law, and the ways in which tension between dynastic expectations and national needs were addressed and resolved.