Chapter 4 examines the situations where there is a tacit agreement between the States concerned for the continuation of a specific BIT. It examines this question in the context of statements made by States and consent which can be inferred from the conduct of the parties. With respect to the former, this Chapter examines the nature and effect of devolution agreements. It also explores the required form of a unilateral declaration, the effect on the new State making the declaration, the response given by the ‘other State party’ following a unilateral declaration and, finally, the relevant criteria to determine whether consent can be inferred from the silence and passivity of the ‘other State party’.
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