i-law

Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - “A COLLECTION OF INTERNATIONAL CONCESSIONS AND RELATED INSTRUMENTS” CONTEMPORARY SERIES. VOLUME I

By Professor Peter Fischer, with the collaboration of Dr Thomas Walde
Published by Oceana Publications, Inc., London, Rome and New York (1981, 505 pp., inc. index) Hardback, U.S. $50
The first volume of Professor Fischer’s collection of international concessions appeared in 1976 and contained the texts of nearly 100 concessions granted between 595 A.D. and 1229. The original intention had been to proceed chronologically with the collection but such is the wealth of the historical material discovered by Professor Fischer and his assistants that, rather than delay publication of the more modern documents for several years, Professor Fischer has embarked upon a second series of volumes to contain the contemporary instruments. The starting point for this Contemporary Series is 1975, a year chosen because the world energy crisis which did so much to alter the bargaining power of States vis-à-vis foreign companies and thus to change the provisions of future concessions had by then run its course. Earlier concession agreements will have to await publication in the first series.
The first volume of the Contemporary Series contains the texts of eight concessions. For the purposes of selecting agreements for inclusion in the Series, the compiler has defined an international concession as
“a synallagmatic act by which a State transfers the exercise of rights or functions proper to itself to a foreign private person which, in turn, participates in the performance of public functions and thus gains a privileged position vis-à-vis other private law subjects within the jurisdiction of the State concerned”.
The broad scope of this definition is reflected in the instruments published in this first volume. In addition to traditional concession agreements, such as the Egyptian oil concession or the Indonesian hydro-electric and aluminium agreement, the volume contains a technical assistance agreement between a Swiss company and a Colombian State mining concern and a financing agreement for the establishment of a Mauritanian company to which the Government of Mauritania is party as a guarantor. The full text of each agreement is reproduced, together with a note by the compiler or Dr Walde summarizing the most important provisions of the agreement and commenting on the background. The texts are photographically reproduced, some-

105

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2025 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.