International Succession

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.

This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

This title was first published in 2000: The great mobility of people and capital in the world today means that the likelihood of a person acquiring and dying with assets in more than one jurisdiction is probably greater than ever. As a result an English lawyer is now more and more likely to encounter a multinational estate. This book aims to examine the international aspects of succession primarily from the perspective of an English lawyer, but utilizing in addition to English cases and materials, cases and materials from other common law jurisdictions, particularly, Australia, Canada and New Zealand. The body of case law and materials from these jurisdictions forms a valuable resource for dealing with common problems. They also form the basis for an evaluation of developments in the subject generally and the possible impact of conventions designed to achieve uniformity in the rules of private international law relating to succession. This examination will be of interest to practitioners as well as to those concerned with the subject in an academic environment.

Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.

As the largest group of natural resource managers on the planet, farmers are at the interface of the changing relationship between humans and the environment. Typically organised around what might be considered the most basic of social units, for generations the family farm has survived wide-ranging exogenous challenges, frequently preserving the line of succession to the next of kin. Now as we face major questions about how we use land and the impact of our land use on the global environment, farming once again faces a challenging and uncertain future. This book draws on the experiences of farmers in Australia, New Zealand, North America, Japan and the EU to examine the special features of family farms and, in particular, the tradition of succession which has enabled them to continue to have such a strong presence in the world today.

Dynamism in Sino-Japanese relations, of which the Diaoyu/Diaoyutai Islands dispute constitutes a major part, has greatly overshadowed not only prospects of positive collaboration between China and Japan, but also regional order in East Asia. On the surface, the essence of the dispute focused on sovereignty, which entails competition for maritime resources development and strategic access to the adjacent waters as a critical transportation and military route. What lies at the crux, however, is the conflict between different sets of values, which lead and shape their interpretations of international treaties, changes of governments, and impacts of this upon these Asian states’ attitudes toward how “sovereignty” and “territory” should be understood in contemporary Asia. The Diaoyu/Diaoyutai Islands dispute has lapsed into dormancy, since intense discussions in the period from 2010 to 2012. However, the disagreement is far from being resolved. This book draws on structural issues underlying the on-going dispute, along with the concomitant, multifaceted challenges that need to be investigated. At a juncture when the prospect of the Sino-Japanese relations remains gloomy, this book provides conceptual and practical insights invaluable to the field of law, history and politics, shedding light on the refinement of relevant international law and rules of engagement in a normative sense.

Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.