La dénonciation de la convention de Washington établissant le CIRDI

In: Annuaire français de droit international, Band 58, Heft 1, S. 551-565

Abstract

In recent years three Latin American states have withdrawn from the Washington Convention establishing the ICSID. These decisions have highlighted the difficulties in withdrawing from the ICSID Convention, especially with respect to its effects on consent to arbitration expressed in bilateral investment treaties (BITs). This article seeks to present the question of the legal effects of denunciation by taking account of the regime established by the Washington Convention and also of the general international law of treaties. The fact that the provisions of the Washington Convention lead to uncertain results makes it possible to identify contradictory positions none of which is entirely dominant.