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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

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

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 Convention
A Commentary
, pp. 20 - 27
Publisher: Cambridge University Press
Print publication year: 2009

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