Nationals Of Other States Research Articles

ICSID Arbitration and the Courts

The Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the Convention) provides for a truly international arbitration machinery, operating under the auspices of the International Centre for Settlement of Investment Disputes (ICSID).

Jurisdiction Ratione Personae under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States

Jurisdiction Ratione Personae under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. Vols. I & II (Parts 1 & 2). Edited by Paul C. Szasz and Others. Washington, D. C.: International Centre for Settlement of Investment Disputes; Dobbs Ferry, N. Y.: Oceana Publications, distributors. Vol. I: Analysis of Documents Concerning the Origin and the Formulation of the Convention.

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. Vols. I & II (Parts 1 & 2). Edited by Paul C. Szasz and Others. Washington, D. C.: International Centre for Settlement of Investment Disputes; Dobbs Ferry, N. Y.: Oceana Publications, distributors. Vol. I: Analysis of Documents Concerning the Origin and the Formulation of the Convention. 1970. pp. viii, 403; Vol. II (Parts 1 & 2): Documents Concerning the Origin and the Formulation of theConvention. Documents 1-146. 1968. pp. xi, 1088. $15 each. - Volume 65 Issue 5

The definition of investment and the ICSID convention: matters arising under the Nigerian investment promotion act and international investment law

This article contends that the omission to define investment in the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) has a trickledown effect on the Nigerian Investment Promotion Act (the NIPC Act), in the context of investment treaty law and arbitration. Its greatest impact is the relegation of the contribution to economic development element of the definition of “investment” to a backseat contrary to the purpose of the ICSID Convention. This article proposes a simple thesis: the omission to define investment in the ICSID Convention has fostered an amorphous definition of investment under the NIPC Act, thus creating uncertainty, irrelevance and ambiguity. The uncertainty is a potential problem in the conduct of foreign direct investment under the ICSID Convention. The article recommends a review of the definition of “investment” under the Act and the adoption of a definition that restricts foreign investment within the territory of Nigeria and makes acontribution to economic development its core element in line with the fundamental objective of the ICSID Convention.Keywords: Nigerian Investment Promotion Act, Law and Development, Investment Law and ICSID Arbitration

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States

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Some Aspects of the World Bank Convention on the Settlement of Investment Disputes

The executive directors of the International Bank for Reconstruction and Development (IBRD), having formulated a Convention on the Settlement of Investment Disputes between States and Nationals of Other States, approved on March 18, 1965 the submission of the text of the Convention to member governments of the Bank. This action represents a milestone in the efforts of several international organizations to achieve some sort of harmony in an area of international economic development where there has been manifest disunity. The arbitration of private investment disputes has strong legal and political undertones, for it is set against a background of friction between capital-exporting countries that always seek to protect the interests of their nationals abroad, and capital-importing countries that normally recognize a need for foreign private capital to bolster their economic development, yet are wary of allowing external mechanisms to encroach on their sovereign jurisdiction within their own territory.

The Convention on the Settlement of Investment Disputes between States and Nationals of Other States

It has been asserted by Gunnar Myrdal, the renowned Swedish economist, that one of the three major obstacles to the satisfactory progress of international economic cooperation and integration is that the methods of settling international disputes are ineffective and primitive.That the lack of adequate institutional facilities for the settlement of investment disputes has in particular hampered the flow of capital from the affluent to the developing nations (at a time when the revolution of rising expectations so extensively depends upon it) cannot be seriously doubted. As pointed out by one writer: “It does not appear realistic to expect a foreign investor to allow adjudication of his grievance before a tribunal of the nation in which the grievance arises, or before a tribunal of a nation allegedly causing the grievance… For similar reasons, a nation which is a party to a grievance will not normally allow its rights to be adjudicated by a tribunal of a nation of which a complaining foreign investor is a national.”

I.B.R.D.: Convention on Settlement of Investment Disputes Between States and Nationals of Other States

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