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Full-Text Articles in Law

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu Jul 2015

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Peter K. Yu

No abstract provided.


State Succession To Territorial Obligations: The Case Of South Sudan And The 1959 Nile Waters Agreement, Mohamed S. Helal Dec 2012

State Succession To Territorial Obligations: The Case Of South Sudan And The 1959 Nile Waters Agreement, Mohamed S. Helal

Mohamed S. Helal

South Sudan’s independence has increased the number of Nile riparian States to eleven. Unfortunately, the Nile remains without an all-inclusive legal regime to regulate its use and to ensure that this indispensible natural resource is conserved for future generations. What, therefore, are the legal obligations of the newborn Republic of South Sudan regarding the Nile River? Specifically, this paper asks whether the Egyptian-Sudanese Nile Waters Agreement of 1959 has devolved onto South Sudan. This paper looks to the law of State succession to treaties to answer to this question. This is a field of international law that is beset with …


Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe Jan 2010

Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

What happens when a state breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? Can a new state be held accountable for violations that took place before the entry into force of the treaty with respect that state? This comment examines the European Court of Human Rights’ (hereinafter 'the Court' or 'the ECHR') encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for wrongful acts of a …


State Succession To Debts And Assets: The Modern Law And Policy, Paul R. Williams, Jennifer Harris Dec 1993

State Succession To Debts And Assets: The Modern Law And Policy, Paul R. Williams, Jennifer Harris

Paul Williams

When a state dissolves, or when territorial entities of a state break away and become independent states, those states and other members of the international community are faced with a host of legal questions concerning the continuation of the predecessor state’s treaty obligations, succession to the predecessor state’s membership in various international organizations, an the allocation of its debts and assets. This article addresses the legal rules governing the allocation of debts and assets among successor states, and in particular the role of the creditor states in formulating that allocation.