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The Union Of The Soviet Socialist Republics

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Chapter Summary

In the dissolution of the Soviet Union, the recognition by treat; partners of the succession of the former Soviet republics was an important early strategy to influence outcomes concerning commercial obligations. The United States of America also sought to maintain in force treaties that were still relevant and to terminate treaties that were made obsolete by the succession. The decisions of the English and Scottish courts, in regard to the continuity of commercial treaties entered into by the Soviet Union, demonstrate that whenever outcomes depend on a broad consensus between participants, these outcomes can be frustrated by a decision maker which departs from the collective goal of continuity. The English and Scottish courts perceived a compelling interest in protecting the rights of contractual parties against Soviet and Ukrainian business partners by arresting their ships as a provisional measure.

Keywords: Scottish courts; Soviet republics; Soviet Union; state succession



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