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Analysis of State Practice and Case Law

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Chapter Summary

The doctrine of non-succession usually refers to two international arbitral awards which were decided in the context of incorporation of State: the R.E. Brown case and the Hawaiian Claims case. Scholars supporting the doctrine of non-succession generally make reference to State practice. A proper analysis of State practice and case law can only be made taking into account the different types of mechanism of State succession involved. It should simply be recalled the statement of the Arbitral Tribunal in the Lighthouse Arbitration case. This chapter examines the relevant State practice and international and municipal case law for the following different types of mechanism of succession of States: Incorporation of State; Unification of States; Dissolution of State; Cession and transfer of territory; Secession; and Creation of Newly Independent States.

Keywords: case law; Hawaiian Claims case; Lighthouse Arbitration case; Newly Independent States; R.E. Brown case; State practice



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