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
Abstract
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 ...