The World Bank Proposal for the Creation of a Multilateral Investment Insurance Agency

Author(s):  
Manfred Holthus ◽  
Dietrich Kebschull ◽  
Karl Wolfgang Menck
1997 ◽  
Vol 91 (4) ◽  
pp. 741-744 ◽  
Author(s):  
Richard E. Bissell

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.


Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 76-83

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.


Author(s):  
Taylor St John

Chapter four sets out the context in which the World Bank proposed ICSID and analyzes the Bank’s motivation, resources, and strategy in doing so. World Bank officials had extensive access to privileged information about how governments perceived the proposals for multilateral insurance or a code. World Bank officials chose to set the agenda away from a code or insurance agency and toward arbitration. As they drafted the ICSID Convention, World Bank officials acted within parameters they believed national officials (who could stop their plans) would find acceptable and tailored their Draft Convention to be amenable to the widest possible swath of member states. Bank officials were concerned that distributional disagreements would derail the proposal, so they designed an entirely new, consultative procedure in order to make it nearly impossible for states to derail the drafting process.


Author(s):  
Taylor St. John

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.


2012 ◽  
Author(s):  
Timothy Mah ◽  
Marelize Gorgens ◽  
Elizabeth Ashbourne ◽  
Cristina Romero ◽  
Nejma Cheikh
Keyword(s):  

2009 ◽  
Author(s):  
Xu Yi-chong ◽  
Patrick Weller
Keyword(s):  

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