Measures by Member States - ICSID/8
ICSID maintains a list (in English) of the measures taken by ICSID Member States for the purpose of the ICSID Convention (Administrative and Financial Regulation 23). This list includes:
- Contracting States (ICSID/8-A)
- Exclusion of Territories by Member States (ICSID/8-B)
- Designations by Member States of Constituent Subdivisions or Agencies (ICSID/8-C)
- Notifications Concerning Classes of Disputes (ICSID/8-D)
- Designations of Courts or Other Authorities for Recognition and Enforcement of Awards (ICSID/8-E)
- Legislative or Other Measures Relating to the Convention (ICSID/8-F)
Exclusion of Territories by Member States
Article 70 of the ICSID Convention provides that the Convention applies to all territories for whose international relations a Member State is responsible, except those territories excluded by written notice of the Member State. List ICSID/8-B notes the excluded territories.
Designations by Member States of Constituent Subdivisions or Agencies
Article 25(1) of the ICSID Convention extends the jurisdiction of ICSID to any legal dispute arising directly out of an investment between a Member State or a constituent subdivision or agency designated by that State, and a national of another Member State. Article 25(3) of the ICSID Convention adds that consent by a constituent subdivision or agency of a State requires approval of that State unless the State notifies the Centre that no such approval is required. List ICSID/8-C includes the designations and notifications made under these provisions.
Notifications Concerning Classes of Disputes
Article 25(4) of the ICSID Convention provides that a Member State may notify the Centre of the class(es) of disputes that it would or would not consider submitting to the jurisdiction of ICSID. List ICSID/8-D sets forth the notifications of such classes of disputes.
Designations of Courts or Other Authorities for Recognition and Enforcement of Awards
Article 54(2) of the ICSID Convention requires Member States to designate the competent court or other authority in its State for purposes of recognition or enforcement of an ICSID award. This complements Article 53 of the ICSID Convention which provides that an ICSID award is binding on the parties and that each party must abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the ICSID Convention. List ICSID/8-E contains the courts and authorities designated by Member States.
Legislative or Other Measures Relating to the Convention
Article 69 of the ICSID Convention provides that each Member State must take such legislative or other measures as necessary to make the ICSID Convention effective in its territories. List ICSID/8-F contains the legislative and other measures which the Member States have communicated to ICSID.