The Intersection of International Trade and International Arbitration: Suspending Trade Benefits to "Encourage" Compliance with ICSID Awards
Article from: TDM 3 (2014), in Investor-State Disputes - International Investment Law
Introduction
This article examines the intersection of the related fields of international trade and international arbitration: the suspension of trade benefits to "encourage" States to comply with ICSID awards. Section II discusses the ICSID Convention's requirement that States "abide by and comply with" ICSID awards. While most States have complied with ICSID awards, a handful, including Argentina, purportedly have failed to do so. In light of Argentina's significant caseload at the Centre, Section III examines Argentina's interpretation of the ICSID Convention that, according to Argentina, ...