Suchergebnisse

Preliminary Material -- Introduction -- 1 Small Island States and the Threat of Anthropogenic Climate Change -- 2 The Effect of Sea Level Rise on the Maritime Entitlements of Small Island States -- 3 A New Regime of Stable Maritime Zones -- 4 When Do States Disappear? Thresholds of Effective Statehood -- 5 Who Determines Whether an Island State Has Disappeared? -- 6 The Continued Recognition of 'Deterritorialized' Island States -- 7 The Consequences of State Extinction versus Continued Existence as a 'Deterritorialized' State or Legal Entity Sui Generis -- Summary and Conclusion: The Limits of Ex Post Solidarity in the Context of Climate Change -- Bibliography -- Index.

This paper examines the legal regimes of international contracts concluded by States and public entities. These agreements come in many shape and form. Some of these contracts are long term arrangements involving massive amount of capital and touching upon key resources of the State. Other contracts are of more limited scope. The paper focuses on the law applicable to such agreements. The importance of determining the law applicable to 'state contracts' follows from the peculiar features of a contractual relation with a State, and most notably the additional risk this creates. As in the domestic context, the State is not a contractual partner like any other. It comes into the contractual relationship with its exorbitant powers and sometimes bad manners. This explains why, in contrast with private agreements, where such clauses are too often neglected, provisions on applicable law and settlement of disputes are often considered the "most sensitive legal issues" in the framework of contracts concluded by States. In this against this background that public international contracts will be examined. The attention will first focus on the determination of the law applicable to such contracts (section 1). Thereafter the focus will be on the various stabilization mechanisms used in practice (section 2). This will include both direct stabilization mechanisms and dispute resolution provisions, as these two elements are central to the legal regime of public international contracts. An attempt will be made to present both the generalprinciples and the current practice of States – even though it is difficult to draw general lessons as contracts concluded by states, which come in various formats and shapes, are not easily accessible. ; Peer reviewed