Increasing Annulments Challenge ICSID Credibility
American Society of International Law - The Ritz-Carlton
This panel will examine the theme of harmony and dissonance through the prism of recent trends in international investment law. Among the topics discussed will be recent developments relating to the independence/impartiality of arbitrators, provisional measures in the ICJ and investment treaty arbitration, recent annulment decisions, the transition of competence on foreign investment from the Member States to the European Union, and the relationship between the US Model BIT and international standards.Moderator:NASSIB ZIADEInternational Centre for Settlement of Investment DisputesSpeakers:RUDOLF DOLZERInstitute for International Law, at the University of Bonn, GermanyDONALD FRANCIS DONOVANDebevoise & Plimpton LLPCAROLYN LAMMWhite & Case LLPLORETTA MALINTOPPIEversheads LLPInternational law, and the world in which it operates, are increasingly both harmonious and dissonant. The Society’s Annual Meeting in 2011 will focus on the evolution of international law in the context of this paradox.The paradox of simultaneous segmentation and seamlessness raises important questions. Most broadly, when should international law be segmented, and when should it be seamless? What are the mechanisms for deciding this question, and what are the values that inform those decisions? What do these trends say about international law as a coherent system? To what extent are certain groups and their viewpoints excluded or ignored? What does this say about who the influential players within the international legal system are, and how that influence is exercised? What does the existence of competing conceptions of international law itself mean for ASIL's constituents, including judges deciding international issues, practitioners seeking to persuade courts and craft international policy, and scholars seeking to understand and propose solutions to global problems?Society members are uniquely positioned to tackle these questions with their diverse perspectives, experiences, and areas of expertise, and their unifying commitment to investigating the limits and possibilities of international law. We look forward to an exciting and dynamic meeting that will examine such trends, and their implications for international law and legal institutions in the 21st century.
