An Exaggerated Account Of The ICSID? - A Reply To Professor Robin Broad

2016, Penn Journal of International Law Online, Vol 37

23 Pages Posted: 3 Nov 2021 Last revised: 15 Jun 2022

Date Written: 2016

Abstract

Professor Robin Broad in her article “Corporate Bias in the World Bank Groups ICSID: A Case Study of a Global Mining Corporation Suing El Salvador” uses the example of the pending arbitration dispute of Pac Rim Cayman LLC v Republic of El Salvador to make an increasingly compelling case for the imbalances in the current regime of the International Centre for the Settlement of Investment Disputes (“ICSID”). The aforementioned case arose out of a Canadian-based transnational mining corporation called Pacific Rim suing El Salvador for failing to authorize an extraction permit after the company allegedly invested millions in the exploration of the El Dorado mine in the northeastern province of Cabañas. While I do share some of Professor Broad’s skepticism and believe that the ICSID system needs reforms, I find her claims lacking a significant degree of merit both as they pertain to (a) pro-corporate bias in the ICSID system; and (b) the lack of consideration for public interests by the ICSID tribunal. In this short comment, I will try to offer a critical narrative of Professor Broad’s claims and in this process highlighting some of the genuine concerns of the ICSID system and suggest reforms wherever needed.

Keywords: International Investment Law, International Law, ICSID, Corporate Bias

Suggested Citation

Sethi, Amal, An Exaggerated Account Of The ICSID? - A Reply To Professor Robin Broad (2016). 2016, Penn Journal of International Law Online, Vol 37, Available at SSRN: https://ssrn.com/abstract=3943631 or http://dx.doi.org/10.2139/ssrn.3943631

Amal Sethi (Contact Author)

University of Hamburg ( email )

Rothenbaumchaussee 33
Hamburg, 20148
Germany

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