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Full-Text Articles in Law
The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe
Felix O. Okpe
Under international investment law, it is axiomatic that the potential for investment disputes is rife in the conduct of foreign investments in host States. This is often the case where foreign investors allege that an act or omission attributable to the host State negatively impacts the investor’s proprietary interests. The settlement of the envisaged investment disputes is more common where the host State is a developing country in the context of the ICSID Convention. As a result, what has become paramount in the arbitration of investment disputes is the protection of foreign investment in the host State. This way, the …
Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment And The Promise Of Economic Development In Host States., Felix O. Okpe
Felix O. Okpe
The omission to define the term ‘investment’ in the ICSID Convention is one of the most critical decisions that have led to the inconsistent jurisprudence and the resulting debate associated with the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term ‘investment’ in ICSID arbitral practice have focused more on whether the scope of the meaning …