Denunciation of the ICSID Convention under the General International Law of Treaties
INTERNATIONAL INVESTMENT LAW AND GENERAL INTERNATIONAL LAW: FROM CLINICAL ISOLATION TO SYSTEMIC INTEGRATION?, pp. 75–93, Rainer Hofmann and Christian Tams, Nomos Verlagsgesellschaft, 2011
15 Pages Posted: 10 Jan 2011 Last revised: 17 Jul 2011
Date Written: December 23, 2010
Following recent denunciations of (withdrawals from) the ICSID Convention by Bolivia and Ecuador and the spate of academic commentary that followed, this paper considers denunciation from the ICSID Convention under the general international law of treaties. It is argued that self-contained interpretation of the provisions on denunciation of the ICSID Convention do not yield any compelling results, leaving contrary positions plausible. The general international law of treaties offers the decisive argument with respect to the effects of denunciation of the Convention, and helps determine whether ICSID jurisdiction can be established after the date of effective withdrawal from the Convention.
Keywords: denunciation of treaties, withdrawal from treaties, ICSID Convention, survival clauses, legal effects of denunciation, unilateral denunciation, application of general international law of treaties, Vienna Convention
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