Emergence and Dynamism in International Organizations: ICSID, Investor-State Arbitration, and International Investment Law

63 Pages Posted: 23 Jul 2013 Last revised: 17 Aug 2013

See all articles by Sergio Puig

Sergio Puig

University of Arizona - James E. Rogers College of Law

Date Written: March 23, 2013

Abstract

Near the fiftieth anniversary of ICSID, the international organization of the World Bank Group specializing in international investment dispute settlement, the organization has become nearly synonymous with the field of international investment law. But how and why this confluence developed is a gap in the rich literature on ICSID. In an attempt to breach this gap, this article traces ICSID’s past and present, relying on a rich variety of sources with three broad objectives in mind: First, it offers a corrective to the prevailing view among international lawyers and legal scholars that ICSID is simply another arbitration facility and that its role in developing modern international investment law has been limited to enabling investor-State arbitration proceedings. Second, it provides evidence contradicting claims among practitioners and scholars that ICSID is experiencing an unprecedented crisis. Finally, it assesses the dynamics that have impacted ICSID’s emergence and long-term development with the broader aim of contributing to the theoretical understanding of the evolution of international organizations. The article reveals ICSID’s deep roots and far-reaching impact, and argues that while the challenges of the organization are serious and merit action, most are not unprecedented, and much can be learned from corrective measures taken in the past.

Keywords: ICSID, International Arbitration, International Organizations, Legal History

Suggested Citation

Puig, Sergio, Emergence and Dynamism in International Organizations: ICSID, Investor-State Arbitration, and International Investment Law (March 23, 2013). Georgetown Journal of International Law, Vol. 44, No. 531, 2013. Available at SSRN: https://ssrn.com/abstract=2297219

Sergio Puig (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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