The Standing of State-Controlled Entities Under the ICSID Convention: Two Key Considerations

Columbia FDI Perspectives No. 65 (April 16, 2012)

4 Pages Posted: 10 Aug 2018

See all articles by Mark Feldman

Mark Feldman

Peking University School of Transnational Law

Date Written: April 16, 2012

Abstract

Two factors support consideration of not only the nature, but also the purpose, of a state-controlled claimant's activities when determining whether the claimant meets ICSID Article 25(1) requirements. First, the ICSID Convention was intended to apply to private, but not public, foreign investment. Second, the ICSID Convention was intended to respond to a procedural gap that existed between state-to-state disputes and disputes between private entities.

Keywords: ICSID, Investor-State Arbitration, ISDS, SOEs, SCEs

JEL Classification: K33

Suggested Citation

Feldman, Mark, The Standing of State-Controlled Entities Under the ICSID Convention: Two Key Considerations (April 16, 2012). Columbia FDI Perspectives No. 65 (April 16, 2012). Available at SSRN: https://ssrn.com/abstract=3220068

Mark Feldman (Contact Author)

Peking University School of Transnational Law ( email )

China

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