Ways Out of the Marshland: Investment Lawyers and the Law of State Succession

Abstract

This is the manuscript of a paper given at the Frankfurt Investment Law Workshop 2016, which discusses the interrelationship between the general rules governing State succession on the one hand, and the particular approach to state succession adopted by investment lawyers. The paper proceeds from recent, high-profile cases such as SANUM or WORLD WIDE MINERALS and situates these in an analytical framework.

Keywords: state succession; succession to treaties; automatic succession, BITs, investment law, investment arbitration, moving treaty frontier