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Saturday, April 18, 2020 | History

6 edition of State succession and commercial obligations found in the catalog.

State succession and commercial obligations

  • 400 Want to read
  • 7 Currently reading

Published by Transnational Publishers in Ardsley, NY .
Written in English

    Subjects:
  • State succession.,
  • Commercial law.

  • Edition Notes

    Includes bibliographical references and index.

    StatementTai-Heng Cheng.
    Classifications
    LC ClassificationsKZ4024 .C44 2006
    The Physical Object
    Paginationp. cm.
    ID Numbers
    Open LibraryOL3424168M
    ISBN 10157105359X
    LC Control Number2005046689

    6 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts, concluded 8 April , Text Pub. U.N. Doc. AlConf. 7 See Ninth Report, supra note 1, at para. Inter-State Obligations; Part XIII Extinction of Obligations, 55 Succession. From: The Financial Obligation in International Law. Rutsel Silvestre J Martha. international person for another in a legal relationship is the result of a deliberate transfer of the rights and/or obligations concerned, a substitution can also be the. State succession for a successor to assume a substantial part of the rights and obligations of a predecessor State. In cases of succession in civil law a predecessor and a successor exist at one and the same time de facto and de jure, i.e. physically and legally as two different subjects. At a certain moment one subject (predecessor). Abstract. When the Committee on Succession to Treaties and Other Governmental Obligations began its work more than a decade ago it was faced with a task of research and with statements of legal doctrine that seemed at the time more difficult to confront than, in retrospect and in the light of the work which the Committee and the International Law Commission have actually achieved, now : D. P. O’Connell.


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State succession and commercial obligations by Tai-Heng Cheng Download PDF EPUB FB2

State Succession and Commercial Obligations makes another major breakthrough by State succession and commercial obligations book 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 Cited by: 6. He has examined recent stories of state succession and produced a wonderful book on the subject of state succession.

Cheng rethinks, indeed, redefines state succession. For State succession and commercial obligations book, state succession State succession and commercial obligations book ‘any fundamental internal governance reorganization that causes, or may potentially cause, disruptions to international commercial arrangements Author: Roger P.

Alford. In State Succession and Commercial Obligations, Dr Cheng, Associate Professor at New York Law School, energizes the discussion and addresses some of these lacunae.

Insofar as successions have occurred State succession and commercial obligations book in the short interlude since State Succession and Commercial Obligations went to press, Cheng's work is deeply : Mark A.

Drumbl. 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 Cited by: 6.

Do commercial obligations survive state succession. This book aims State succession and commercial obligations book answer this via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union.

state succession and commercial obligations Posted By Sidney State succession and commercial obligations book Media TEXT ID d43b50dc Online PDF Ebook Epub Library particu larly vexing and unsettled area of international law the law gov tai heng cheng is a singaporean legal scholar lawyer and.

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.

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 Author: T.-H.

Cheng. Succession of states is a theory and practice in international relations regarding successor states.A successor state is a sovereign state over a territory and populace that was previously under the sovereignty of another state. The theory has its root in 19th-century diplomacy.

A successor state often acquires a new international legal personality, which is distinct from a continuing state. "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 State succession and commercial obligations book 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. 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 Cited by: 6. State Succession and Commercial Obligations State Succession and Commercial Obligations Drumbl, Mark A.

Chinese JIL () The book is rigorous in its analysis of the exist- the predecessor’s obligations. A third approach, ing models of thinking regarding the WTO which resonates in recent practice, is continuity. constitutionalization. succession; (ii) the full range of participants, decision trends, policies, and processes implicated by them; and (iii) their impact on commercial obligations, conceived expansively as “all obliga-tions arising out of international trade and financing arrange-ments that may be affected by Author: Robert D.

Sloane. Author: Cheng, Tai-Heng; Format: Book; xvi, p. ; 25 cm. State succession and commercial obligations / Tai-Heng Cheng | National Library of Australia National Library of Australia. The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the s marked the dramatic return to center stage in international law of the issue of State succession.

This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession and Commercial Obligations,6 Tai-Heng Cheng, an Associate Professor at New York Law School trained in the New Haven School, applies its methodology to a particu-larly vexing and unsettled area of international law: the law gov-erning the commercial rights and duties of Author: Robert D.

Sloane. Tai-Heng Cheng is a Singaporean legal scholar, lawyer, and international currently resides in United States of America as a permanent resident. Cheng is the author of the book When International Law Works: Realistic Idealism After 9/11 and the Global Recession (Oxford University Press ).

His other works include State Succession and Commercial Obligations (Transnational. Inheriting International Rivers: State Succession to Territorial Obligations, South Sudan, and the Nile Waters Agreement † With much gratitude, this Article is dedicated to my academic supervisors at Harvard University: Professor William Alford, Professor Gabriella Blum, and Professor John Gerard Ruggie.

The author wishes to thank Jason Robison, Konstantinos Stylianou, and Abdelkhalig. 67 Tai-Heng Cheng, State Succession an d Commercial Obligations, supra n at See also Emanuelli, id. at - (notin g that “State practice relatingAuthor: Qerim Qerimi.

[Tai-Heng Cheng is Associate Professor of Law at New York Law School. His most recent book is State Succession and Commercial Obligations.] I am grateful to Roger Alford for inviting me to share some thoughts on the recent developments in Kosovo.

On FebruKosovo’s parliament voted to declare independence from Serbia. This unilateral declaration accelerated the international. The territorial transformation of Europe in the aftermath of the collapse of communism (the unification of Germany, dissolution of the USSR, Yugoslavia, and Czechoslovakia) prompted scholars to revisit the question of state succession, largely overlooked since the International Law Commission’s attempted codification coinciding with the end of decolonization.

Within the wider area of State succession, the subject of State succession in re-spect of human rights treaties is of particular interest. From a policy point of view, its importance lies in the fact that massive human rights violations often occur pre-cisely during the periods of political instability which tend to accompany State suc-cession.

Wilfred Jenks, ‘State Succession in Respect of Law-Making Treaties’, 29 British Year Book of International Law (). Paul R. Williams, ‘State Succession and the International Financial Institutions: Political Criteria v. Protection of Outstanding Financial Obligations’, 43 International & Comparative Law Quarterly File Size: KB.

Revolution, State Succession, International Treaties and the Diaoyu/Diaoyutai Islands 5 into by the Qing government and the ways in which rights and obligations under these numerous treaties would be affected came under the spotlight. This issue was further.

A particular application of the rule of state succession to treaties is the succession of states in international organizations. 6 A.

Năstase, B. Aurescu, op. cit., p. File Size: KB. succession to treaties, commercial obligations and international organizations have appeared.2 Adding to this wave, Patrick Dumberry's State Succession to International Responsibility is an ambitious work that attempts a comprehensive analysis of a critical though frequently.

With this in mind, Professor Tai-Heng Cheng's book, STATE SUCCESSION AND COMMERCIAL OBLIGATIONS, proposes a reconceptualization of state and government succession doctrine.

g & Definition of State Succession: According to Professor Starke, the term "State Succession" means transmission of rights and obligations from States which have altered or lost their identity to other States or entities, such alteration or loss of identity to other State or entities, such alteration or loss of identity occurring primarily when complete or partial changes of.

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.

The customary clean slate rule in respect of state succession to treaties cannot apply by analogy to state succession to international responsibility.

It is based on a voluntaristic paradigm – states have, and should always have, the freedom whether or not to enter into treaties – but state succession to responsibility cannot operate under. succession and commercial obligations is a story about globalization.”4 One might even go so far as to divide his book into two basic parts — the first part being the opening sentence, and the second part being the pages needed to unpack this.

relations between state successor and predecessor State; succession referring to relations between the successor state and citizens. Only the first mentioned dimension of the state succession represents the subject of this paper, a complete analysis would require a larger space, being determined by the complexity of this Size: KB.

happens to commercial obligations upon state succession. The author analyzes two recent successions in Kosovo and Iraq, testing the pre-dictive and normative aspects of a policy-oriented approach. Thus, this Article contributes fresh insight into the continued use of the poli-cy-oriented approach to state succession.

Specifically, this Article. Succession of States. Succession occurs when one state ceases to exist or loses control over part of its territory, and another state comes into existence or assumes control over the territory lost by the first state.

A central concern in this instance is whether the international obligations of the former state are taken over by the succeeding. Summaries of the Work of the International Law Commission Succession of States in respect of State responsibility. See also: Analytical Guide | Texts and Instruments At its sixty-ninth session, inthe International Law Commission decided to include the topic "Succession of States in respect of State responsibility" in its programme of work, on the basis of the recommendation of the.

'The Doctrine of Odious Debt in International Law: A Restatement is both substantively compelling and methodologically adventurous and, what is more, is published at a timely moment. In recent years, both the UN General Assembly and UNCTAD have attempted to re-organize the law and practice around sovereign debt by: State Succession, Then and Now, With Special Reference to the Louisiana Purchase () C.

Emanuelli This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital by: 3.

§ 67 Succession of governments, and on the suppression of a revolt § 68 State succession: recent developments § 69 Vienna Convention on Succession of States in respect of Treaties § 70 Vienna Convention on Succession of States in respect of State Property, Archives and Debts (a) State property (Articles 7–18).

connotation of inheritance of rights or obligations on the occurrence of that event. The rights and obligations deriving from a "succession of States" are those specifi-cally provided for in the present draft articles (4) The Commission considered that the expression "in File Size: 3MB.

30 See, the different approach adopted by Tai-Heng Cheng, State Succession and Commercial Obligations (Transnational Publ. ) 50, for whom:‘[S]tate Succession’ includes any fundamental internal governance reorganization that causes, or may potentially cause, disruptions to international commercial arrangements and that requires an.

State Succession In International Law-Debt, Property and Pdf the law of state succession ‘is a subject which pdf such a rich diversity of practice as to give some plausibility to a surprisingly varied range of theoretical analysis and doctrine’.

(2)It is a subject, which has been largely confused and resistant to simple exposition.Rights and Obligations of Successor States: An Alternative Theory by Alfred R. Cowger, Jr.* I.

n. the last fifty years, the legal implications of state succession have be-come a major source of international confusion and conflict. World War II extinguished old regimes and created vacuums in sovereignty.Respect of Treaties Ebook Vienna Convention of on Succession of State Property, Archives and Debts.

Ô Change of sovereignty over territory. Ô Passing of rights and obligations upon external changes of sovereignty over territory. Ô The passing of rights and obligations upon internal changes of sovereignty, irrespective of territorial 5/5(4).