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Imperialism, Sovereignty and the Making of International Law Part 7

Mohammed Bedjaoui, ví dụ, lập luận đó là một ưu đãi hợp đồng phải kết thúc với sự tuyệt chủng của nhà nước nhượng và có thể tồn tại sự thay đổi về chủ quyền chỉ muốn thể hiện của cơ quan mới. | sovereignty and the post-colonial state 213 which had been granted by the colonial powers to trading companies exploiting the resources of colonial territories. Mohammed Bedjaoui for example argued that a concessionary contract must end with the extinction of the ceding state and could survive the change of sovereignty only at the express wish of the new authority .42 This position was understandable as colonial powers and trading enterprises often acquired rights over these resources through duress and deception and the concessions had often never been the subject of meaningful consent on the part of the Third World peoples. The review would examine the legality of the manner in which the concessions had been obtained and further the profits made by the colonial power or trading company from the exploitation of the resources. These factors could then be taken into account in assessing the compensation to be paid to the nationalised enterprises. Finally the Third World argued that nationalization was to be determined according to national rather than international standards thus attacking once again the rules of state responsibility relating to foreign investment.43 The West differed from the Third World on each of these issues. First it argued in effect that the only sovereignty enjoyed by the Third World was the sovereignty provided by European international law this international law legitimized conquest and dispossession as a result of which no remedy was available to the victims.44 Secondly the West argued that the new states were bound by established international law and that the Third World state s control over its natural resources had to comply with the doctrines of state succession and acquired rights which stipulate that a new state must respect the obligations undertaken by a predecessor state.45 Accordingly it followed contrary to Bedjaoui that the newly independent countries were legally bound to honour the concessionary rights to their natural .