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Analysis of Specific Issues

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Chapter Summary

This chapter determines the different factors and circumstances under which specific problems of State succession to obligations arising from the commission of internationally wrongful acts require specific solutions. It answers the question whether there may be circumstances under which it should be for the secessionist State or for the "Newly Independent State" (and not for the continuing State) to be held responsible for obligations arising from internationally wrongful acts committed before its independence. It examines what are the different factors and circumstances which may be taken into account in determining whether there should be any succession to international responsibility in the context of dissolution of State. In the 1956 Lighthouse Arbitration case, the French-Greek Arbitral Tribunal dealt with several French claims and Greek counter-claims, two of them concerning the concept of unjust enrichment.

Keywords: continuing State; French-Greek Arbitral Tribunal; international responsibility; internationally wrongful act; Lighthouse Arbitration case; Newly Independent State; State succession



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