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Non-Compliance with Awards: The Remedies of Customary International Law

  • Roberto Echandi (a1)

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1 The term “IIAs” comprises both Bilateral Investment Treaties (BITs) and investment chapters in Preferential Trade Agreements.

2 World Bank Group, The World Bank Operations Manual, Operational Policies, OP 7.40, July 2001.

3 “The term ‘sanctions’ has been used for measures taken in accordance with the constituent instrument of some international organization (sic), in particular under Chapter VII of the Charter of the United Nations.” Report of the International Law Commission to the General Assembly on the Work of its Fifty-third Session (23 April-1 June and 2 July-10 August 2001), reprinted in [2001] 2 Y.B. Int’l Law Comm’n 75, UN Doc. A/CN.4/SER.A/2001/Add.l (Part 2) at http://untreaty.un.org/ilc/publications/yearbooks/Ybkvolumes(e)ALC_2001_v2_p2_e.pdf.

4

The term “reprisals” was used to cover otherwise unlawful action, including forcible action, taken by way of self-help in response to a breach. More recently the term “reprisals” has been limited to action taken in time of international armed conflict; i.e. it has been taken as equivalent to belligerent reprisals.

5 Id. at 128.

6 Id.

7 Id. at 27.

8 Draft Articles on the Responsibility of States for Internationally Wrongful Acts, Report of the International Law Commission, art. 49, Fifty-Third Sess., UN Gaor, 56th Sess., Supp. No. 10, UN Doc. A/56/10 (2001).

9 Id., art. 52.

10 Id., art. 51.

11 Id., arts. 52-53.

12 Id., art. 50.

13 Id, art 55.

14 Understanding on Rules and Procedures Governing the Settlement of Disputes, art. 22, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 2.

15 Draft Articles, supra note 8, art. 48.

Non-Compliance with Awards: The Remedies of Customary International Law

  • Roberto Echandi (a1)

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