The Institute of International Law's Resolution on State Succession and State Responsibility
Introduction, Text and Commentaries

Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.

Marcelo G. Kohen (Author), Patrick Dumberry (Author)

9781108733892, Cambridge University Press

Paperback / softback, published 14 February 2019

190 pages
22.8 x 15.2 x 0.9 cm, 0.32 kg

'The book … fills a major lacuna in the law of State succession. The Institut de droit international put the subject of State succession in the matter of State responsibility on its agenda in 2003 and selected professor Marcelo Kohen as rapporteur of the commission in 2007. In the meantime Professor Kohen supervised the substantial dissertation of Patrick Dumberry on the same matter. On the enlightening and efficient direction of professor Kohen the Commission succeeded in preparing a substantial and well structured resolution which was adopted by the Institut at its Tallin session (2015). This resolution, which is presented and commented in the present book, shows that the Institut has a modest but solid role in the codification of international law. The analysis offered by two eminent specialists offer to governments and practitioners the opportunity to obtain nuanced answers to the questions generated by this complex subject.' Jean Salmon, l'Université libre de Bruxelles

Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.

Part I. Introduction: Part II. Article-by-Article Commentary: 1. General provisions
2. Common rules
3. Provisions concerning specific categories of succession of States.

Subject Areas: International organisations & institutions [LBBU], Public international law [LBB], International law [LB], International relations [JPS]