ICSID Tahkiminde Yetkiden Kaynaklanan Bazı Sorunlar

Abstract

<span style="color: rgb(0, 0, 0);">In international investment law, both the investments and the rights of investors are usually protected by either Bilateral Investment Treaties or Multilateral International Treaties. As a multilateral international treaty protecting investors and their rights, The International Center for Settlement of Investment Disputes (ICSID) Convention has become widely recognized and applied by states and investors for the settlement of investment claims. The ICSID Convention is a treaty signed on October 14, 1966, by 159 signatory states and later ratified by 151 state parties. Its frequent application and wide acceptance, however, has given rise to a number of serious issues for both courts and practitioners, specifically the controversial issue of jurisdiction. In this article, some of the major problems arising from the application of the ICSID jurisdiction provisions are discussed and analyzed.</span>