On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy
Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
Bolivia's denunciation of the ICSID Convention has brought to the forefront of practical issues one that had been confined to academic discussion. What are the effects of a notice of denunciation of the Convention on consent to ICSID jurisdiction given by the denouncing State before the notice was received by the World Bank? In operational terms: Does the notice of denunciation wipe out any pre-notice consent? May an investor having a dispute with the denouncing State give its own consent to ICSID jurisdiction within the six-month waiting period before the notice of denunciation ...