The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals

The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals

The role played by the case law of the International Court of Justice in the context of investment arbitration has usually been underestimated, especially considering that the system established by the ICSID is often viewed as a self-contained regime of dispute settlement. This paper takes an opposi...

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Main Author: Carlos Bellei Tagle
Format: Article
Language:English
Published: Universidad de Chile 2014-12-01
Series:Revista Tribuna Internacional
Online Access:https://tribunainternacional.uchile.cl/index.php/RTI/article/view/35508
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spelling doaj-3832953af08c4276a8d3c11b6e6c206e2020-11-25T00:43:25ZengUniversidad de ChileRevista Tribuna Internacional0719-210X0719-482X2014-12-0136355310.5354/rti.v3i6.3550835508The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunalsCarlos Bellei Tagle0Universidad Alberto HurtadoThe role played by the case law of the International Court of Justice in the context of investment arbitration has usually been underestimated, especially considering that the system established by the ICSID is often viewed as a self-contained regime of dispute settlement. This paper takes an opposite approach, and focuses on the analysis of the way in which ICSID arbitral tribunals have expressed a significant openness to this kind of external decisions, making use of decisions of the International Court of Justice in the process of interpretation and application of the specific rules governing the settlement of investment disputes.https://tribunainternacional.uchile.cl/index.php/RTI/article/view/35508
collection DOAJ
language English
format Article
sources DOAJ
author Carlos Bellei Tagle
spellingShingle Carlos Bellei Tagle
The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals
Revista Tribuna Internacional
author_facet Carlos Bellei Tagle
author_sort Carlos Bellei Tagle
title The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals
title_short The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals
title_full The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals
title_fullStr The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals
title_full_unstemmed The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals
title_sort influence of the case law of the international court of justice within the practice of icsid arbitral tribunals
publisher Universidad de Chile
series Revista Tribuna Internacional
issn 0719-210X
0719-482X
publishDate 2014-12-01
description The role played by the case law of the International Court of Justice in the context of investment arbitration has usually been underestimated, especially considering that the system established by the ICSID is often viewed as a self-contained regime of dispute settlement. This paper takes an opposite approach, and focuses on the analysis of the way in which ICSID arbitral tribunals have expressed a significant openness to this kind of external decisions, making use of decisions of the International Court of Justice in the process of interpretation and application of the specific rules governing the settlement of investment disputes.
url https://tribunainternacional.uchile.cl/index.php/RTI/article/view/35508
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