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 10 - Secretary-General and Deputy Secretary-General
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
Election
All drafts leading to the Convention provided for the appointment of the Secretary-General and any Deputy Secretaries-General by the Administrative Council upon nomination by the Chairman (History, Vol. I, pp. 56, 58; Vol. II, pp. 56, 77, 101, 108, 118, 477, 545, 752, 954, 1014). There was some opposition against the Chairman's power to nominate candidates, based on the concern that this power would affect the Secretary-General's independence or unduly restrict the Administrative Council's freedom of action (at pp. 127, 130/1, 248, 252, 317, 481, 484/5, 561, 720). There was also some debate on whether the Chairman should be required to nominate several candidates (at pp. 318, 485, 561, 656, 719–721). A discussion on the period of service led to the insertion of a maximum period of six years with the possibility of re-election (at pp. 318, 561, 722, 726, 967, 968/9, 975, 1027). Suggestions to state the candidates' required qualifications and grounds for a possible dismissal are not reflected in the Convention (at pp. 318, 483/4, 561, 969). The idea to involve governments in the nominating process led to the clause on prior consultation of the members of the Administrative Council (at pp. 719–721, 935). Transition arrangements dealing with the problem that the first Secretary-General would only be elected by the representatives of few States were relegated to the Report of the Executive Directors on the Convention (at pp. 969, 1024–1027, 1075).
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 34 - 36Publisher: Cambridge University PressPrint publication year: 2009