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

[dicktech]

. A successor state is not bound by the private contractual obligations of its predecessors. (Points : 5)
True
False

[dicktech]

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)

[Peter Pedant]

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

[Peter Pedant]

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)

[New Judge]

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?

[Peter Pedant]

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.