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Bringing a Dispute Concerning ICSID Cases and the ICSID Convention Before the International Court of Justice

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The relationship between the ICSID and the ICJ was contemplated from the beginning of the drafting of the ICSID Convention. The ICSID Convention contains two mechanisms that regulate the legal framework of this relationship. First, a clause providing for the ICJ's jurisdiction in case of a dispute concerning the interpretation or application of the convention is included in Article 64 of the ICSID. This mechanism has never been used by any States. However, some controversial issues such as the scope of power of annulment committees or the denunciation of the ICSID Convention may have crucial consequences in the settlement of investment disputes. Thus, some States may have an interest in using this mechanism. Besides, the relationship between the ICSID and the ICJ may be analyzed with regard to the mechanism of diplomatic protection that can be exercised in the case of non-compliance with an ICSID award according to Article 27 of the ICSID Convention.

Affiliations: 1: Jurist, International Arbitration, Salans, Paris, France


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