An Overview of State Succession Issues arising as a Result of an Armed Conflict”
in: Katia Fach Gómez, Anastasios Gourgourinis & Catharine Titi (eds.) International Investment Law and the Law of Armed Conflict, Springer, European Investment Law and Arbitration Review Special Issue, 2019, 93-112
Posted: 6 Dec 2021
Date Written: November 19, 2021
Abstract
This chapter addresses the question of what happens to legal protections
of foreign investors under a BIT when an armed conflict leads to a situation of State
succession. It first examines the actual practice of States concerning the continuation
of BITs. Such continuation depends on the express or tacit agreement of both
States concerned, i.e. the successor State and the “other State Party” to the BIT
which was signed by the predecessor State. The chapter also examines the question
of what happens to BITs when the States concerned have not agreed on any such
continuation. I will argue that BITs do not automatically continue to be in force as
of the date of succession unless both States concerned have agreed to such a
continuation.
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