ICSID Convention After 50 Years
Unsettled Issues
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Description
ICSID Convention after Fifty Years: Unsettled Issues celebrates the fiftieth anniversary of the Convention on the International Centre for Settlement of Investment Disputes (ICSID Convention or Convention) with an overview and analysis of the International Centre for Settlement of Investment Disputes (ICSID) case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution's next phase. The ICSID has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments - probably the most notable development of international law of the past half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received its 500th case in 2015. What's in this book: This volume is a collection of twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following: the political and economic reasons behind the creation of the ICSID; admissibility and jurisdiction; ICSID vis-à-vis bilateral investment treaties; States' concerns about the 'partiality' of arbitrators in favour of investors; proceedings involving a non-contracting State; applicable laws under the ICSID Convention; conflicting interpretations of ICSID Convention provisions; interaction of foreign investment and economic development; value of ICSID awards in the light of EU law; annulment of ICSID awards; effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India); attribution of conduct of State-owned enterprises (SOEs); recognition and enforcement of ICSID arbitral awards; counterclaims; and allocation of costs. The cases involve a broad spectrum of international economic matters, including provisions of the Energy Charter Treaty, exploitation of natural resources, electric power, transportation, construction, finance, communications, water, sanitation, agriculture, fishing and forestry, and service and trade. How this will help you: As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital - and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation - this book has no peers. Considering the current crisis of investment law, the book's immediate value, not only to investors and their counsel but also to practitioners and academics, in the field of investment law and arbitration, and public international law cannot be overstated.
AI Overview
Title: "ICSID Convention After 50 Years: Unsettled Issues" by Crina Baltag
Overview: The book "ICSID Convention After 50 Years: Unsettled Issues" by Crina Baltag is a comprehensive analysis of the International Centre for Settlement of Investment Disputes (ICSID) Convention, which has been in effect for 50 years. The publication is a collection of essays and scholarly contributions that delve into various aspects of the ICSID Convention, its evolution, and the challenges it faces.
Key Themes:
- Historical Context: The book provides a historical perspective on the establishment and development of the ICSID Convention, highlighting its significance in international investment law.
- Unsettled Issues: The title reflects the book's focus on unresolved or contentious issues within the ICSID framework, such as annulment proceedings, treaty interpretation, and state court intervention.
- Annulment Proceedings: Baltag explores the annulment process under the ICSID Convention, discussing the grounds for annulment and the role of ad hoc committees in reviewing awards.
- Treaty Interpretation: The book examines the dynamics of treaty interpretation in the context of international investment law, including the role of arbitral tribunals in interpreting investment treaties.
- State Court Intervention: It discusses the prohibition on state court intervention in ICSID proceedings, a core principle of the ICSID regime aimed at avoiding national court systems.
Plot Summary: The book is structured as a collection of essays and chapters written by various experts in the field. Each chapter addresses specific issues related to the ICSID Convention, including:
- The historical background and evolution of the ICSID Convention.
- The annulment process and its limitations.
- The role of ad hoc committees in reviewing awards.
- The challenges of treaty interpretation in international investment law.
- The prohibition on state court intervention and its implications.
Critical Reception: The book has received positive reviews for its comprehensive and scholarly approach to the ICSID Convention. It is considered a valuable resource for practitioners, scholars, and policymakers in the field of international investment law. Here are some key points from the critical reception:
- Scholarly Depth: The book is praised for its in-depth analysis of complex issues related to the ICSID Convention, making it a valuable resource for academic and professional purposes[1][4].
- Comprehensive Coverage: It is noted for providing a comprehensive overview of the ICSID Convention, covering both historical and contemporary aspects of the regime[3].
- Expert Contributions: The inclusion of contributions from various experts in the field adds to the book's credibility and depth of analysis[5].
Overall, "ICSID Convention After 50 Years: Unsettled Issues" by Crina Baltag is a seminal work that provides a detailed examination of the ICSID Convention, addressing both historical and contemporary challenges in international investment law.