Abstract

So far three States have denounced the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention"). Although the Convention itself regulates its denunciation, different theories with significant discrepancies have emerged regarding the interpretation on the effects of denunciation. All of these theories seem to focus in the formation of consent between States and investors, which is referred to as the "seen problem". Nevertheless, there is another side of the coin which seems to have been overlooked thus far. Article 72 of ...