Chapter 10 STATE SUCCESSION TO ACQUIRED RIGHTS UNDER CONTRACTS
Patrick Dumberry
Article Category:
Monograph Chapter
Publication Date:
27 Jul 2018
Page Range:
273–285
Collections:
Law 2018
DOI:
https://doi.org/10.4337/9781788116619.00023
Restricted access

This chapter examines the concept of ‘acquired rights’ in the context of contracts involving individuals and corporations. It will show that the legal order of the predecessor State does not suddenly disappears as a result of a change of sovereignty and that private rights remain, as a matter of principle, unaffected. Yet, as a sovereign State, the successor State is free to adopt legislative changes which may affect rights of foreigners, but any such changes must respect the fundamental rights of foreign investors existing under international law, including a right to compensation.

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Cover A Guide to State Succession in International Investment Law
A Guide to State Succession in International Investment Law
Monograph Book
Publication Date:
27 Jul 2018
Print ISBN:
9781788116602
eISBN:
9781788116619
DOI:
https://doi.org/10.4337/9781788116619
Page Count:
c 552
Collections:
Law 2018
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