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
Date Written: April 16, 2012
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: Suggested Citation