The Institute of International Law's resolution on state succession and state responsibility : introduction, text, and commentaries

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. "1. The Institute of International Law (known by its French name, Institut de Droit international, and hereinafter referred to as the 'Institute' or 'IDI') is the oldest institution in its field and it was awarded the Nobel Peace Prize in 1904. The Institute adopted a Resolution on State succession and State responsibility (hereinafter, the 'Resolution') at its 77th session held in Tallinn, Estonia, in August 2015. The Institute decided to work on this subject at its Bruges session of 2003 and appointed a Rapporteur, Marcelo G. Kohen, after its session held in Santiago (Chile) in 2007. The Resolution is the result of nearly eight years of work. The purpose of this book is to provide an article by article commentary to the Resolution and explain in detail the content and the scope of application of each provision"-- Provided by publisher 10.0000@www.cambridge.org@3ED84A75A1AB1D5225767B882A3D0C06 1 10.0000@www.cambridge.org@ED6DEC4E74E4348B7F1EB05804123A24 5 10.0000@www.cambridge.org@A8F80252FCDC35118D83C9CF3F612B9A 9 10.0000@www.cambridge.org@86A7D98547CC44D12A9B626FA2C9CFF3 12 introduction-2019 13 articlebyarticle-commentary-2019 20 institute-of-international-law-resolution-on-state-succession-an-2019 153 references-2019 171 index-2019 185