Additional Facility Arbitration Rules (2006): International Centre for Settlement of Investment Disputes (ICSID) »
Aurélia Antonietti, Randi Ayman
1 The International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Rules (2006) (‘AF’) is a set of procedural rules established by the ICSID (‘Centre’) Secretariat. Pursuant to these Rules, the Centre is authorized to administer certain categories of proceedings between States and nationals of other States that fall outside the jurisdiction of the Centre as defined in Article 25 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (‘ICSID Convention’ or ‘Convention’). The AF is a single...
Part I Law of Treaties (VCLT), Article 59 of the VCLT: Termination or suspension of the operation of a treaty implied by conclusion of a later treaty »
Hélène Ruiz Fabri, Randi Ayman
From: General International Law in International Investment Law: A Commentary
Edited By: Andreas Kulick, Michael Waibel
This entry focuses on Article 59 of the Vienna Convention on the Law of Treaties (VCLT). It includes the provisions on the termination or suspension of the operation of a treaty implied by the conclusion of a later treaty. Article 59, which reflects customary international law, presents the resolution of a conflict between successive treaties concluded by the same parties on the same subject matter by envisaging the termination of the earlier treaty. Similar to most other provisions of the VCLT, Article 59 is a default rule as it becomes applicable when the parties to successive treaties have not provided for a specific solution. The entry details the application of the provision in general international law and international investment law, which do not deviate from each other in any significant way.
Part I Law of Treaties (VCLT), Article 60 of the VCLT: Termination or suspension of the operation of a treaty as consequence of its breach »
Hélène Ruiz Fabri, Randi Ayman
From: General International Law in International Investment Law: A Commentary
Edited By: Andreas Kulick, Michael Waibel
This entry explores Article 60 of the Vienna Convention on the Law of Treaties (VCLT). It explains that the provision entitles a treaty party to seek suspension or termination of the treaty due to its material breach by another party. Moreover, Article 60 alludes to the principle of inadimplenti non est adimplendum and commonly accepted as reflective of customary international law. The entry elaborates on the notion of material breach, which excludes its application to any other treaty breach. It then looks into Article 60 as received by international courts and tribunals before detailing the potential relevance for international investment practice.
