Book contents
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- Article 1 Establishment of Centre
- Article 2 Seat of Centre
- Article 3 Organization of Centre
- Article 4 Composition of Administrative Council
- Article 5 Chairman of Administrative Council
- Article 6 Functions of Administrative Council
- Article 7 Decisions of Administrative Council
- Article 8 No Remuneration for Members
- Article 9 Composition of Secretariat
- Article 10 Secretary-General and Deputy Secretary-General
- Article 11 Functions of Secretary-General
- Article 12 Panels of Conciliators and Arbitrators
- Article 13 Designation to Panels
- Article 14 Qualities of Panel Members
- Article 15 Periods of Office of Panel Members
- Article 16 Multiple Designations
- Article 17 Financing
- Article 18 Legal Personality of Centre
- Article 19 Immunities and Privileges of Centre
- Article 20 Immunity from Legal Process
- Article 21 Personal Immunities
- Article 22 Immunities of Parties and Witnesses
- Article 23 Archives and Communications
- Article 24 Tax Exemptions
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- CHAPTER IV Arbitration
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Article 6 - Functions of Administrative Council
from CHAPTER I - International Centre for Settlement of Investment Disputes
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- Article 1 Establishment of Centre
- Article 2 Seat of Centre
- Article 3 Organization of Centre
- Article 4 Composition of Administrative Council
- Article 5 Chairman of Administrative Council
- Article 6 Functions of Administrative Council
- Article 7 Decisions of Administrative Council
- Article 8 No Remuneration for Members
- Article 9 Composition of Secretariat
- Article 10 Secretary-General and Deputy Secretary-General
- Article 11 Functions of Secretary-General
- Article 12 Panels of Conciliators and Arbitrators
- Article 13 Designation to Panels
- Article 14 Qualities of Panel Members
- Article 15 Periods of Office of Panel Members
- Article 16 Multiple Designations
- Article 17 Financing
- Article 18 Legal Personality of Centre
- Article 19 Immunities and Privileges of Centre
- Article 20 Immunity from Legal Process
- Article 21 Personal Immunities
- Article 22 Immunities of Parties and Witnesses
- Article 23 Archives and Communications
- Article 24 Tax Exemptions
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- CHAPTER IV Arbitration
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Summary
INTRODUCTION
Art. 6 deals with the powers and functions of the Administrative Council. It 1 refers to three categories of such powers and functions:
powers and functions listed in Art. 6(1),
powers and functions under other provisions of the Convention and
other powers and functions necessary for the Convention's implementation (Art. 6(3)).
INTERPRETATION
“(1) Without prejudice to the powers and functions vested in it by other provisions of this Convention, …”
The powers and functions enumerated in Art. 6(1) are not exhaustive. Other 2 provisions of the Convention contain additional functions of the Administrative Council:
moving the seat of the Centre (Art. 2);
election of the Secretary-General and Deputy Secretary-General (Art. 10(1));
adoption of rules for the apportionment of the Centre's expenditures (Art. 17);
decision on a proposal to amend the Convention (Art. 66(1));
invitation to non-Members of the World Bank to sign the Convention (Art. 67);
appointment of committees (Art. 6(2));
establishment of a simplified voting procedure (Art. 7(4)); and
other powers and functions necessary for the Convention's implementation (Art. 6(3)).
“… the Administrative Council shall:”
During the early stages of the Convention's drafting, there was a broad and unspecific reference to the powers of the Administrative Council. The Working Paper, the earliest draft of the Convention, still referred in general terms to the adoption of rules and regulations as may be necessary or useful (History, Vol. I, p. 38; Vol. II, pp. 64, 102, 109, 122). Subsequent drafts break these powers down into specific categories.
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 20 - 27Publisher: Cambridge University PressPrint publication year: 2009