The Argentine Financial Crisis: State Liability Under BITs and the Legitimacy of the ICSID System

W.W. Burke-White
Burke-White, William W.

Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law

Abstract

This essay examines the jurisprudence of the International Center for the Settlement of Investment Disputes (ICSID) arbitral tribunals in a series of cases brought against the Republic of Argentina in the wake of the 2001-2002 Argentine financial collapse. The essay considers the ICSID tribunals' treatment of non-precluded measures provisions in Argentina's bilateral investment treaties (BITs) and the customary law defense of necessity and argues that the ICSID tribunals have sought to radically narrow the opportunities available to states to craft policy responses to emergency ...

To read this article you need to be a subscriber

Sign in

Forgot password?

Sign in

Subscribe

Fill in the registration form and answer a few simple questions to receive a quote.

Subscribe now

Why subscribe?

TDM journal

Access to TDM Journal articles (well over 2500 articles in total for Premium account holders)

Legal & regulatory

Access to Legal & Regulatory data (well over 10000 documents)

OGEMID

OGEMID membership (lively discussion platform bringing together the world's international dispute management community)

Suggested Citation

W.W. Burke-White; "The Argentine Financial Crisis: State Liability Under BITs and the Legitimacy of the ICSID System"
TDM 1 (2009), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=1349