State succession to investment treaties: mapping the issues

Tams, C. J. (2016) State succession to investment treaties: mapping the issues. ICSID Review: Foreign Investment Law Journal, 31(2), pp. 314-343. (doi:10.1093/icsidreview/siw006)

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Abstract

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.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Tams, Professor Christian
Authors: Tams, C. J.
College/School:College of Social Sciences > School of Law
Journal Name:ICSID Review: Foreign Investment Law Journal
Publisher:Oxford University Press
ISSN:0258-3690
ISSN (Online):2049-1999
Copyright Holders:Copyright © 2016 The Author
First Published:First published in ICSID Review: Foreign Investment Law Journal 31(2): 314-343
Publisher Policy:Reproduced in accordance with the publisher copyright policy
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