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Article 68 - Ratification and Entry into Force

from CHAPTER X - Final Provisions

Published online by Cambridge University Press:  07 September 2010

Christoph H. Schreuer
With
Loretta Malintoppi ,
August Reinisch  and
Anthony Sinclair
Christoph H. Schreuer
Affiliation:
Universität Wien, Austria
Loretta Malintoppi
Affiliation:
Eversheds LLP
August Reinisch
Affiliation:
Universität Wien, Austria
Anthony Sinclair
Affiliation:
Allen & Overy LLP, London
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Summary

Ratification, Acceptance or Approval

Art. 68(1) contains the common requirement that, in addition to signature, consent to be bound must be expressed separately. Only signatories may ratify, accept or approve the Convention (see Art. 67, para. 7). There is no substantive difference between ratification, acceptance and approval (History, Vol. II, pp. 442, 1000, 1019). In accordance with Art. 73, instruments of ratification, acceptance or approval are to be deposited with the World Bank. The World Bank, as depositary of the Convention, notifies all signatory States of such deposits in accordance with Art. 75(b).

The Report of the Executive Directors merely restates the contents of Art. 68:

46. … The Convention is subject to ratification, acceptance or approval by the signatory States in accordance with their constitutional procedures (Article 68). As already stated, the Convention will enter into force upon the deposit of the twentieth instrument of ratification, acceptance or approval.

Reservations

During the Convention's drafting, the issue of reservations was raised in a number of contexts (History, Vol. II, pp. 57/8, 59, 60, 66, 84, 283, 292, 442, 579). Mr. Broches pointed out that consent to jurisdiction was voluntary and that this fact should make most reservations unnecessary (at pp. 311, 362/3).

Type
Chapter
Information
The ICSID Convention
A Commentary
 , pp. 1269 - 1272
Publisher: Cambridge University Press
Print publication year: 2009

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