Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Subrogation of State Responsibility? The Baltic Legations in Paris

Subrogation of State Responsibility? The Baltic Legations in Paris Contents 1. Introduction 2. Transfer of Property without Possession: Historical Background 2.1. Statehood, Occupation and State Continuity 2.2. Continued Title to State Property 3. Contract of Sale or Compensation? 3.1. Transfer of Property by Contract 3.2 Lump-Sum Arrangements and International Responsibility 4. Solidarity and Recourse 4.1. Thesis of Indemnification without Subrogation 4.2 Thesis of Subrogation 5. Concluding Remarks 1. Introduction Subrogation is defined as a third party's assumption of the legal right to collect a debt or damages.' This term is mostly used to describe the process of assignment to one party by law or by legal transaction of all the rights and claims of the party indemnified under an indemnity, guarantee or contract of insurance in national legal systems. While the system of municipal law is helpful to define, for instance, the content of general legal principles as a source of international law,2 it appears that not every institute found in national legal systems may be applicable in the sphere of international relations.3 3 The question arises whether subrogation is possible in public international law, namely, in matters of State responsibility? What happens if the compensation for the internationally wrongful act is paid by a third State? http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

Subrogation of State Responsibility? The Baltic Legations in Paris

Baltic Yearbook of International Law Online , Volume 5 (1): 13 – Jan 1, 2005
Download PDF
13 pages

Loading next page...
 
/lp/brill/subrogation-of-state-responsibility-the-baltic-legations-in-paris-rPDQg6fSvA

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-5897
DOI
10.1163/221158905X00061
Publisher site
See Article on Publisher Site

Abstract

Contents 1. Introduction 2. Transfer of Property without Possession: Historical Background 2.1. Statehood, Occupation and State Continuity 2.2. Continued Title to State Property 3. Contract of Sale or Compensation? 3.1. Transfer of Property by Contract 3.2 Lump-Sum Arrangements and International Responsibility 4. Solidarity and Recourse 4.1. Thesis of Indemnification without Subrogation 4.2 Thesis of Subrogation 5. Concluding Remarks 1. Introduction Subrogation is defined as a third party's assumption of the legal right to collect a debt or damages.' This term is mostly used to describe the process of assignment to one party by law or by legal transaction of all the rights and claims of the party indemnified under an indemnity, guarantee or contract of insurance in national legal systems. While the system of municipal law is helpful to define, for instance, the content of general legal principles as a source of international law,2 it appears that not every institute found in national legal systems may be applicable in the sphere of international relations.3 3 The question arises whether subrogation is possible in public international law, namely, in matters of State responsibility? What happens if the compensation for the internationally wrongful act is paid by a third State?

Journal

Baltic Yearbook of International Law Online – Brill

Published: Jan 1, 2005

There are no references for this article.