The Law of State Succession de D. P. O' Connell

The Law of State Succession

D. P. O' Connell

First published in 1956, this book formed part of the Cambridge Studies in International and Comparative Law series. The text presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence. Special importance is given to practice following the Second World War, in particular the partition of British India in 1947. Tables of cases and statutes are included. This book will be of value to anyone with an interest in comparative and international law.

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Preface; Table of cases; Table of treaties; Table of statutory instruments; Abbreviations; Introduction: 1. The nature and theory of state succession; Part I. Treaties in the Law of State Succession: 2. Personal treaties; 3. Dispositive treaties; 4. Multilateral treaties and membership of international organizations; 5. Extension of treaties of the successor state to territory incorporated in it; Part II. The Doctrine of Acquired Rights in the Law of State Succession: 6. The doctrine of acquired rights; 7. The doctrine of acquired rights and economic concessions; 8. The doctrine of acquired rights and administrative contracts; 9. The doctrine of acquired rights and the national debt; 10. The doctrine of acquired rights and local debts; 11. The doctrine of acquired rights and the repartition of debts; 12. The doctrine of acquired rights and pensions and salaries; 13. The doctrine of acquired rights and unliquidated claims; Part III. The Effect of Change of Sovereignty on the Legal and Administrative Structure of Absorbed Territory: 14. The effect of change of sovereignty on the legal and judicial organization of absorbed territory; 15. The effect of change of sovereignty on the public property of the state; 16. The effect of change of sovereignty on the administration of absorbed territory; Part IV. Effect of Change of Sovereignty on Nationality of Inhabitants of Absorbed Territory: 17. Change of nationality; 18. Option for an alternative nationality; 19. Conclusion; Appendix; Bibliography; Index.