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Article 7 - Decisions 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

Art. 7 contains a number of procedural rules governing the activities of the Administrative Council. They concern the Administrative Council's meetings, voting, the quorum for meetings, and a simplified procedure for making decisions without a meeting. More detailed rules on these issues are contained in the Administrative and Financial Regulations 1–7.

Meetings

The earlier drafts to the Convention specifically provided that the Administrative Council's annual meeting would be held in conjunction with the annual meeting of the World Bank's Board of Governors (History, Vol. I, p. 46). The idea was administrative expediency and economy since the members of the two bodies would be largely identical (see Art. 4, paras. 2–4) (History, Vol. II, pp. 77, 249/50, 251, 317, 477, 713). Eventually, this provision was taken out of the Convention's text as superfluous (at p. 713). Administrative and Financial Regulation 1(1) now contains a rule to this effect.

All drafts foresaw additional meetings upon a decision of the Administrative 3 Council or if called by the Chairman (History, Vol. I, pp. 46, 48). Suggestions that a certain number of the Council's members should be able to request a meeting (History, Vol. II, pp. 316, 482) led to the provision under which the Secretary-General may convene a meeting at the request of at least five members.

Type
Chapter
Information
The ICSID Convention
A Commentary
, pp. 28 - 30
Publisher: Cambridge University Press
Print publication year: 2009

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