Abstract
The possibility of denouncing the ICSID Convention has recently sparked doctrinal controversies. The scope of such a denunciation and the consequences relating to it were central in these debates. Starting with the analysis of the mechanism precisely set out in the Convention, this article, focusing only on the implication for non-contractual arbitration, aims at clearly establishing the meaning of consent to ICSID arbitration, one of the conditions preventing the denunciation of the Convention from having a full effect. The question thus becomes whether BITs and national laws could be considered as unilateral consent to arbitration, as understood by the drafters of the Convention. Applying concrete and correct treaty interpretation rules will enable us to establish an accurate understanding of the relevant provisions of the Convention, without depriving them of their proper meaning.
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