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The Law of Nations Podcast: Episode 2 – State Succession

Related Member(s):
Angeline Welsh, Prof. Christian Tams
Related Practice Area(s):
Arbitration

Originally featured on The Law of Nations. 

Welcome to the second episode of The Law of Nations’ new podcast series, available to download for free each month.

The Law of Nations provides a unique insight into developments in international law. Focused on developments involving the United Kingdom, the podcasts draw on comparative law from around the world.

Download now: Podcast 2 – State Succession

In this podcast, Professor Christian Tams and Angeline Welsh discuss state succession. The once relatively dormant doctrine of state succession, which deals with the application of treaties to newly-established states, is back on the agenda with renewed vigour. Its most recent high profile exploration has been in the Sanum litigation, which turned on the application of PRC/Laos BIT to investors incorporated in Macao. The CIS region in particular may still have issues to grapple with, as investors invoke BITs concluded with the Soviet Union in proceedings against successor States such as Kazakhstan. Looking ahead, claims for independence and statehood would directly implicate the doctrine of state succession.

Professor Christian Tams and Angeline Welsh explain what this doctrine is, why it is relevant and why attempts to codify this area of law have met with limited success.