The Creation of Investor–State Arbitration

2020 ◽  
pp. 791-814
Author(s):  
Taylor St. John
Keyword(s):  
Twentieth Century ◽  
World Bank ◽  
The World Bank ◽  
Primary Documents ◽  
National Archives ◽  
The World ◽  
The Creation ◽  
Investment Treaties ◽  
Do So

This chapter explores the creation of investor–state arbitration. There is no shortage of antecedents for investor–state arbitration. So why is it perceived as ‘dramatically different’ from what had gone before? In the second half of the twentieth century, consent to investor–state arbitration was provided prospectively (before disputes arose) and pursuant to generalized jurisdiction (for any treaty breach); this is profoundly different from previous practices. Two institutional developments were crucial for creating prospective, generalized consent. First, the ICSID Convention emerged. Second, provisions providing consent to investor–state arbitration were added to investment treaties. The chapter then focuses on these two developments. It reconstructs the choices that officials faced, their constraints, and the reasons why they made the choice for investor–state arbitration against other alternatives. To do so, it uses primary documents from five archives: the American, British, German, and Swiss national archives as well as the World Bank archives.

9 ICSID from 1989 to 1999

2017 ◽  
Author(s):  
Parra Antonio R
Keyword(s):  
World Bank ◽  
World Bank Group ◽  
Large Section ◽  
The World Bank ◽  
The World ◽  
Investment Treaties ◽  
Multilateral Agreement On Investment ◽  
Bank Group ◽  
Growing Network ◽  
Tremendous Impact

This chapter deals with the last year of the 1980s and all of the subsequent decade. Though mostly placid for ICSID, the period was one of momentous change elsewhere in the World Bank Group and, of course, in the world at large. Section I describes the growing network of investment treaties, which was to have a tremendous impact on ICSID. The Multilateral Agreement on Investment episode is also discussed. There were many new signatures and ratifications of the ICSID Convention in the 1990s. They are recounted in Section II, which also looks at the working of the ICSID Secretariat during the decade. An overview of the cases submitted to ICSID between 1989 and 2000 is provided in Section III. Among them were the first Additional Facility cases. The Additional Facility cases, six of which were brought to the Centre under the investment chapter of the NAFTA, are examined in Section IV. The potential of bilateral investment treaties (BITs) to generate cases for ICSID started to be realized in earnest in this period. Several of the new BIT cases led to decisions that were particularly influential in the development of subsequent jurisprudence. These leading BIT cases are examined in Section V.

The World Bank

2018 ◽  
Author(s):  
Yusra Ribhi Shawar ◽  
Jennifer Prah Ruger
Keyword(s):  
Human Rights ◽  
Global Health ◽  
World Bank ◽  
Health Coverage ◽  
Internal Constraints ◽  
Economic Rights ◽  
The World Bank ◽  
The World ◽  
Universal Health ◽  
Do So

The World Bank, one of the largest global health funders, continues to deny a formal legal obligation for human rights. Internal constraints limit the Bank’s ability to do so, since its Articles of Agreement explicitly forbid it from interfering in a country’s internal political affairs, making it unclear whether human rights risk management is within the institution’s mandate. This stands in contrast to the institution’s commitment to human rights, as reflected in its commitment to helping countries achieve universal health coverage and in its “twin goals” of ending extreme poverty and promoting shared prosperity, which fundamentally contribute to the realization of social and economic rights. This chapter analyzes the ways in which rights-based discourse has evolved in the Bank’s global health policies and practices and identifies the institutional factors that have shaped its consideration of human rights.

Recent Practice of the Inspection Panel of the World Bank

1997 ◽  
Vol 91 (4) ◽  
pp. 741-744 ◽  
Author(s):  
Richard E. Bissell
Keyword(s):  
International Law ◽  
International Development ◽  
World Bank ◽  
Actual Practice ◽  
International Development Association ◽  
International Bank ◽  
The World Bank ◽  
The World ◽  
The Creation

The creation of the independent Inspection Panel in 1993 by identical resolutions of the International Bank for Reconstruction and Development and the International Development Association (World Bank or Bank) has been well analyzed elsewhere. What has not been noted is the actual practice of the Inspection Panel, as well as the evolving impact on international law of the cases brought before this innovative institution associated with the World Bank.

scholarly journals Review of Some Aspects of Investment Arbitration under the International Centre for Settlement of Investment Disputes

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 76-83
Keyword(s):  
Dispute Resolution ◽  
World Bank ◽  
Foreign Investment ◽  
International Investment ◽  
Primary Objective ◽  
Investment Climate ◽  
Investment Protection ◽  
The World Bank ◽  
The World ◽  
The Creation

An economic development of the states highly depends upon the flow of private international investment. Whilst the creation of suitable investment climate which would guarantee the fair and equitable treatment of foreign investment within the depoliticized and impartial dispute resolution system had been objective of the World Bank, the International Centre for Settlement of Investment Disputes was established under its auspices. The primary objective of the ICSID Convention has been viewed on facilitating and safeguarding of private international investment through the creation of a favorable investment climate. Arbitration under the ICSID, serves not only in favor of investors but also of host states. Whilst the favorable means are offered to the both parties for dispute resolution according to the major provisions of the Convention, the “execution of the awards”, represent the slight alteration in the disadvantageous position of the foreign investor. The aforementioned alteration as the time consuming process, fulfilled within the state bureaucracy is more sensibly approached by the foreign investors in developing countries, under which the political risk and demand for foreign investment protection is always one of the highest extent. However, by virtue of signing the Convention, the states not only accept the proposed dispute resolution mechanism, but also declare and desire to welcome the foreign investment. As states aforementioned attempts could be related to the creation of the Global Forum for delivering better Investment Climate, the demands of the World Bank in the sphere is one of the most significant importance.

"The lonely cows"

Focaal ◽  
2012 ◽  
Vol 2012 (62) ◽  
pp. 99-110 ◽  
Author(s):  
Ida Harboe Knudsen
Keyword(s):  
World Bank ◽  
Daily Life ◽  
Small Scale ◽  
Main Obstacle ◽  
The World Bank ◽  
The World ◽  
Further Development ◽  
The International Monetary Fund ◽  
The Eu ◽  
Do So

This article focuses on small-scale farming in Lithuania in light of the country's European Union (EU) entrance in 2004. Although the EU, together with the World Bank and the International Monetary Fund, had encouraged a rapid privatization of the former collective farms, the result was not an economically viable farming sector, but a multitude of unspecialized farms run by ageing farmers with but a single cow. These farmers are now viewed as the main obstacle to further development and are encouraged to retire. However, the farmers have proven reluctant to do so. Looking at different attempts to reduce the number of small farms, the article analyzes how the outcomes of the EU programs often are quite different from what was originally intended. Such processes are coined as EUropeanization: a term that embraces how the EU is interpreted and implemented in daily life by the farmers.

The Rise of Investment Treaties and ISDS in the 1990s and Since

2021 ◽  
pp. 96-121
Author(s):  
Nicolás M. Perrone
Keyword(s):  
World Bank ◽  
Global Consensus ◽  
Investment Treaty ◽  
The World Bank ◽  
The World ◽  
Investment Treaties ◽  
The 1950S ◽  
Bar Association ◽  
The 1960S

In the early 1980s, many countries had not signed investment treaties or joined the ICSID Convention. Neither was there any ISDS practice. This situation changed quickly, however, as the views of the norm entrepreneurs of the 1950s and 1960s became part of the global consensus on development thinking. In the 1990s, the World Bank and UNCTAD put themselves at the forefront of efforts to promote investment treaties and ISDS, a task for which they had the support of organizations such as the American Bar Association. The investment treaty network rapidly expanded, most states joined ICSID, and the first ISDS cases emerged. Some arbitrators acted as pioneers of a new legal field, while others wrote in celebration of the fact that the proposals of the 1960s had now become law. Crucially, they also resolved the disputes in the background of the legal imagination.

scholarly journals A Review on the Country Health System, Its Challenges and the Corrective Solutions

2016 ◽  
Vol 10 (6) ◽  
pp. 227 ◽  
Author(s):  
Zahra Ebrahim ◽  
Amir Ashkan Nasiripour
Keyword(s):  
Twentieth Century ◽  
Life Expectancy ◽  
Health System ◽  
Health Systems ◽  
World Bank ◽  
Technical Assistance ◽  
Financial Resources ◽  
The World Bank ◽  
Reform Plan ◽  
The World

Health systems have played an important role in improving the lives and increasing life expectancy throughout the twentieth century. However, there are large gaps between potential power of of health systems and its current performance. There are many differences in the achievements of countries with similar resources and facilities and this indicate that many that reforminghealth this system to continue being responsive to the needs of the community is an absolute necessity. Nearly two decades, some efforts have been done to reform the health system and over the years many ups and downshas been seen.However, reform of health system in Iran is not supported bypolitical sector sufficientely and in term of financial resources relies on financial and technical assistance of “WHO” and a small part of the second loan the World Bank. With regard to the implementation of the reform plan of health system, its role in reaching the goals of the Fifth Development Plan had been implemented since the beginning of 2015. The purpose of this report is to analyze the challenges facing overall health system in Iran and provide proposed solutions in the field.

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