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Analysis of Doctrine

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Chapter Summary

This chapter analyses doctrine on the question whether the "transfer" of the obligation to repair from the predecessor State(s) to the successor State(s) is accepted in international law. It examines the legal arguments advanced by the dominant doctrine of non-succession, according to which there can be no transfer of the obligation to repair to the successor State(s) and critically assesses the soundness of these arguments. The chapter deals with the criticisms and challenges that have been expressed in doctrine against this strict principle of non-succession. The issue of succession of States to international responsibility is rarely addressed in general textbooks of international law and, when it is, only a few lines are usually devoted to the question. The central argument of the doctrine of non-succession is that a State is generally not responsible for acts committed by other States.

Keywords: international law; international responsibility; non-succession; predecessor State(s); successor State(s)

10.1163/ej.9789004158825.i-520.12
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dcterms_subject,pub_keyword
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