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State Succession/La Succession D'Etats: Codification Tested Against the Facts

Edited by: Pierre Michel Eisemann, Martti Koskenniemi

ISBN13: 9789041113924
ISBN: 9041113924
Published: May 2000
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £249.00



Despatched in 6 to 8 days.

The Hague Academy Centre for Studies and Research in International Law and International Relations devoted its Session of 1996 to the Succession of States, including for the second time this topic in its programme, but in a context very different from that in which the 1962 Session had been held.;Following the great wave of decolonizations, the studies conducted in the Centre in 1962 had constituted a kind of prologue to the lengthy deliberations by the International Law Commission that led to the 1978 Convention on Succession of States in Respect of Treaties and the 1983 Convention on Succession of States in Respect of State Property, Archives and Debts. The less than enthusiastic reception that these Conventions had received from the international community seemed to condemn them into oblivion.;The extraordinary political developments in Eastern Europe in the late 1980s, however, suddenly focused interest in these questions anew. As the theme of the Session indicates, it became possible to examine the question of ""codification tested against these facts"".;Twenty-four participants from a French and an English section conducted this task with passion and talent. The present volume reproduces some of the best reports in an updated and technically harmonized form.

Subjects:
Public International Law
Contents:
Premi re partie: Etudes g n rales. Part I General studies: le r le de l'equit dans le droit de la succession d'etats; state succession, identity/continuity and membership in the United Nations; state succession and international financial organizations; current questions of state succession relating to multilateral treaties; identit et succession d'etats aux instruments conventionnels relatifs au d sarmement et la ma trise des armements; succession aux trait s et droits de l'homme - vers la reconnaissance d'une protection ininterrompue des individus; r gimes de fronti res et autres r imes territoriaux face la succession d'etats; les probl mes de succession d'etats dans l'affaire de la d termination de la fronti re maritime entre la Guin e-Bissau et la S n gal; state succession and the nationality of natural persons - facts and possible codification; rights of private persons on state succession - an approach to the most recent cases. Deuxi me partie: Etudes nationales: the dissolution of the Soviet Union in the light of the 1978 Vienna Convention on succession of states in respect of treaties; the division of state property in the case of state succession in the former Soviet Union; a propos de tros questions r currentes en mati re de succession d'etats - application au cas Yougoslave; the bursting of Yugoslavia - an approach to practice regarding state succession.