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A Successor State Is Not Bound By The Private Contractual Obligations Of Its Predecessors. (Points : 5) True False

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dicktech | 02:36 Sun 27th Apr 2014 | Law
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. A successor state is not bound by the private contractual obligations of its predecessors. (Points : 5)
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Case law derived from the decisions of arbitration tribunals hearing disputes between private parties is never used as a source of international law rules. (Points : 5)
oh straight answer:

yes it is : Robert E Brown arbitration
British govt in the form of the Crown colony of Transvaal was responsible to a tort of the ZAR ( zuid afrikansche republiek )

in this case not honouring R E Browns rather large land grant

find it here: http://legal.un.org/riaa/cases/vol_VI/120-131_Brown.pdf

In the nigerian-rape-cases-by-British-Army her majesty's govt was relying on this when they said if proven the now-Nigerian govt should pay up and caused howls of political dissent. They had a point tho' see above.

I assume this is a international law q

if it is contract then there is something called sovereign immunity - there will be something in your textbook about that
Oh OK
it is international law

look at the Rose mary arbitration and Delagoa rly case

not available on BAILII but IS available on Westlaw

and I think the answer is yes ( cos in both cases the litigants were private)
Well I'm glad you understand the question, Peter (if indeed there is one as both contributions from dicktech seem to be statements). Or is it a coursework or homework question which has simply been transferred to AB?
Hi newie

International law is a specialised area and not every law student gets it.
I did because my law tutor 'wanted to keep an eye on me'
oo-er Mr Collier !

clearly I also learnt a bit of International law

oh and: Q: if a machine gun pokes out of an embassy and shoots a policewoman, is it lawful to enter the embassy under the Doctrine of Hot Pursuit ?
A: yes it is ( I give myself five points) and another five for ringing up the FO in real time as it occurred and telling them.

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