2016
DOI: 10.1093/ejil/chw039
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Codifying the Law of State Succession: A Futile Endeavour?

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Cited by 5 publications
(3 citation statements)
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“…A sign of the universality of hereditary legal succession found its reflection in foreign legal systems. Thus, in paragraph 1922 of Book 5 (Succession Law) of the German Civil Code of 1896, it is stated that after the death of a person, the inheritance passes to the heirs as a single whole [17].…”
Section: Resultsmentioning
confidence: 99%
“…A sign of the universality of hereditary legal succession found its reflection in foreign legal systems. Thus, in paragraph 1922 of Book 5 (Succession Law) of the German Civil Code of 1896, it is stated that after the death of a person, the inheritance passes to the heirs as a single whole [17].…”
Section: Resultsmentioning
confidence: 99%
“…On the face of it, the fact that only 23 states have become party to the VCSST since it was adopted in 1978, that it only came into force almost twenty years later in 1996, would suggest that the ILC came up short. 31 Indeed, it is common to hear of the VCSST's 'poor participation, indecisive normativity and infrequent application in practice.' 32 Of course, another ILC project, namely its Articles on the Responsibility of States for Internationally Wrongful Acts was never adopted in the form of a multilateral treaty, and yet is widely seen as regulating in large part the law of state responsibility, and many of its provisions have even achieved customary international law status.…”
Section: State Succession To Treaties -The Vcsst Between Tabula Rasa ...mentioning
confidence: 99%
“…The International Law Commission (ILC) does not appear ever to have used it, nor its members in ILC discussions or special rapporteur reports. 60 63 The Hague Collected Courses do not contain any example of the expression either. 64 Leaving aside references to "frozen" financial assets, which are many, one turns to 1973 to find the term "frozen" being used in a sense at least broadly similar to that in which it is used in the phrase "frozen conflict."…”
Section: International Law Writersmentioning
confidence: 99%