Denunciations Plus: Evaluating ICSID Withdrawals Bearing Additional New ICSID Provisions
Article from: TDM 6 (2015), in Investor-State Disputes - International Investment Law
Much ink has recently been spilled on the question of what a party's denunciation of ICSID entails. But what happens when a state makes another notification (like the announcing of a pro futuro 'exhaustion of local remedies' requirement) at the same time as the notice of denunciation? I argue that Ecuador's 2009 ICSID denunciation essentially has an Article 26 notification bundled within. Despite the frenzy of academic speculation on denunciation issues, this curious provision has received virtually no attention. I first give an overview of the three schools of thought on denunciation ...