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Article 67 - Signature

from CHAPTER X - Final Provisions

Published online by Cambridge University Press:  07 September 2010

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

Art. 67 is the first of the Convention's “Final Provisions”. Art. 67 determines the States that may sign the Convention. By contrast, Art. 68 sets out the rules for the Convention's entry into force. Art. 68 also makes it clear that the Convention is subject to ratification, acceptance or approval. This means that a State's signature, in accordance with Art. 67, does not amount to consent to be bound by the Convention. A State that has signed the Convention under Art. 67, but has not ratified, accepted or approved it in accordance with Art. 68, is not a Contracting State to the Convention.

Under Art. 25(1), a mere signatory cannot become a party to proceedings under the Convention (see Art. 25, paras. 211–220). By the same token, a national of a State that has signed the Convention under Art. 67, but has not ratified, accepted or approved it in accordance with Art. 68, may not become a party to proceedings under the Convention (see Art. 25, paras. 284–288). By contrast, the Additional Facility is available if only one of the States, the host State or the State of the investor's nationality, has fulfilled the requirements of Art. 68 (see Art. 25, paras. 224–226).

Type
Chapter
Information
The ICSID Convention
A Commentary
, pp. 1267 - 1268
Publisher: Cambridge University Press
Print publication year: 2009

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