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Article 9 - Composition of Secretariat

from CHAPTER I - International Centre for Settlement of Investment Disputes

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

Art. 9 remained unchanged in all drafts to the Convention (History, Vol. I, p. 56). There was never any doubt that the Centre would have a chief administrative officer (History, Vol. II, pp. 56, 101). The creation of Deputy Secretaries-General led to some debate. There was a fear that the provision, as drafted, might lead to a proliferation of high officials. It was pointed out that this position should be filled only if warranted by the Centre's volume of business, possibly on a part-time basis (at pp. 117, 127, 384/5, 718). There was some discussion about the appointment of several Deputy Secretaries-General on a regional basis (at pp. 252, 718). A suggestion to limit the number of Deputy Secretaries-General in the text of the Convention did not prevail but in a vote it was decided to recommend language for the Report of the Executive Directors to the effect that at that time no more than one Deputy Secretary-General was foreseen (at pp. 718/9, 954, 968).

The Report of the Executive Directors on the Convention says in its para. 18:

… The Secretariat will consist of a Secretary-General, one or more Deputy Secretaries-General and staff. In the interest of flexibility the Convention provides for the possibility of there being more than one Deputy Secretary-General, but the Executive Directors do not now foresee a need for more than one or two full time high officials of the Centre.

Type
Chapter
Information
The ICSID Convention
A Commentary
 , pp. 32 - 33
Publisher: Cambridge University Press
Print publication year: 2009

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