Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities.
No other book gives such a clear, uncomplicated description of the ICSID’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations.
The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, as well as procedural and substantive aspects of ICSID arbitration. Its competence, its financial management, are fully described.
This fourth edition of the monograph has significantly expanded, not only as a result of updating the existing sections but also because of addition of several sections, important for better understanding of the process of dispute resolution such as dealing with evidence and damages, costs and fees. In addition, a separate chapter deals with non-investment obligations in international arbitration related to human rights and environment.
This edition also pays more attention to concerns, expressed by states, investors and the civil society in relation to ICSID and ISDS. These include inconsistent decision-making, high costs of ICSID proceedings, the negative impact on sovereignty, contributing to an imbalance between the Global North and South, limited transparency and access to participation in proceedings by the third parties.
Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound
understanding of the workings of ICSID for all interested parties. Students and teachers of international law will find it especially valuable as the interest in international investment law continues to grow.
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List of Abbreviations
Part I. Development and Structure of ICSID
Chapter 1. Introduction
Chapter 2. ICSID and Investor-State Disputes
Chapter 3. The ICSID Convention
Chapter 4. ICSID Institutional Framework
Part II. ICSID Conciliation and Mediation
Chapter 1. ICSID as Facilitator of Mediation and Conciliation
Chapter 2. ICSID Conciliation Mechanism
Chapter 3. Challenges Facing Mediation and Conciliation
Part III. ICSID Arbitration Mechanism
Chapter 1. ICSID Arbitration Mechanism
Chapter 2. Arbitration Tribunal
Chapter 3. Jurisdiction (Competence)
Chapter 4. Parties in ICSID Arbitration
Chapter 5. Evidence in ICSID Arbitration
Chapter 6. Damages in ICSID Arbitration
Chapter 7. ICSID Costs and Fees
Chapter 8. Remedies Against the Award
Chapter 9. Recognition and Enforcement of ICSID Arbitration Awards
Part IV. Applicable Substantive Law in ICSID Disputes
Chapter 1. Choice of Substantive Law
Chapter 2. International Substantive Law
Chapter 3. Applicability of the ILC Articles on State Responsibility
Chapter 4. Principles of International Investment Law
Chapter 5. Non-investment Obligations in ICSID Arbitration
Part V. ICSID in the Global Context
Chapter 1. Concerns Related to ICSID
Chapter 2. ICSID Reform
Part VI. Documents