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

Hofmann/Schill/Tams, Investment Arbitration as a Motor of General International Law (Edward Elgar, Forthcoming)

24 Pages Posted: 14 Dec 2017

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: December 11, 2017

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

Suggested Citation

Tams, Christian J., Ways Out of the Marshland: Investment Lawyers and the Law of State Succession (December 11, 2017). Hofmann/Schill/Tams, Investment Arbitration as a Motor of General International Law (Edward Elgar, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3086281

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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