In this podcast, Professor Christian Tams and Angeline Welsh discuss State Succession. The once relatively dormant doctrine of State Succession - which notably deals with the application of treaties to newly-established States - is back on the agenda with renewed vigour. Its most recent high profile exploration has been in the Sanum litigation, which turned on the application of PRC/Laos BIT to investors incorporated in Macao . The CIS region in particular may still have issues to grapple with, as investor invoke BITs concluded with the Soviet Union in proceedings against successor States such as Kazakhstan. Looking ahead, claims for independence and statehood - from Catalonia to Scotland and even, fleetingly, London in the immediate Brexit aftermath - would directly implicate the doctrine of State succession.

In this podcast, Professor Sean Murphy and Alison Macdonald discuss bilateral claims commissions. The mass resolution of claims arising out of a particular inter-State dispute differs in many respects from more familiar ad hoc arbitrations. Sean and Alison consider why particular conflicts such as Iran/US, Eritrea/Ethiopia and Kuwait/Iraq, have led to such commissions being set up. They look at the practical differences between running claims in a claims commission as opposed to an arbitration, the enforcement of awards, and the important contribution which a standing tribunal can make to international law. Finally, they consider the types of conflict which could lead to such commissions being set up in the future.

Professor Sean Murphy is an Associate Member of Matrix, Patricia Roberts Harris Research Professor of Law at George Washington University, and a Member of the UN International Law Commission. Alison Macdonald is a member of Matrix and has an extensive civil, criminal and arbitration practice, in both domestic and international courts and tribunals.