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Ecuador v United States, Award, PCA Case No 2012-05, ICGJ 503 (PCA 2012), 29th September 2012, Permanent Court of Arbitration [PCA]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Whether, following the judgment of the International Court of Justice in Northern Cameroons, Cameroon v United Kingdom, Preliminary Objections, Judgment, [1963] ICJ Rep 15, ICGJ 153 (ICJ 1963), 2 December 1963, the tribunal had jurisdiction to consider the claims advanced by Ecuador given the Respondent’s submission that no dispute exists between the Parties.

Whether there existed a dispute between the Parties within the meaning of Article VII of the Treaty of 27 August 1993 between the United States of America and the Republic of Ecuador concerning the Encouragement and Reciprocal Protection of Investment.

Whether it was necessary to interpret silence as disagreement following the judgment of the International Court of Justice in Application of the International Convention on the Elimination of All Forms of Racial Discrimination, Georgia v Russian Federation, Judgment on preliminary objections, ICJ GL No 140, ICGJ 429 (ICJ 2011), 1 April 2011.

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