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Société Ivorienne de Transport Maritime (SITRAM) v. Junior Maritime Company
Published online by Cambridge University Press: 01 January 2021
Abstract
State succession — Treaties — Newly independent State — Ivory Coast — Whether new State bound by treaty concluded by imperial predecessor — Applicability of “clean slate” principle — Whether new State required to notify treaty depositary of adherence to treaty — Significance of declaration by new State to Secretary-General of the United Nations concerning adherence to treaty
Treaties — Conclusion and operation — Accession and adherence — Notification of adherence to treaty depositary — Newly independent State — Failure to notify treaty depositary of adherence to treaty concluded by former colonial power — Newly independent State not listed as party to treaty in official treaty collection of forum State — Significance — Statements by treaty depositary concerning adherence of newly independent State to treaty — Whether conclusive
Claims — Maritime claims — Whether claim for breach of contract constituting a maritime claim — International Convention Relating to the Arrest of Seagoing Ships, 1952, Article 1
Sources of international law — Customary international law — Provisions of Draft Convention concerning the Arrest of Seagoing Ships, 1985 — Whether constituting evidence of customary international law — The law of the Netherlands
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