from CHAPTER I - International Centre for Settlement of Investment Disputes
Published online by Cambridge University Press: 07 September 2010
Art. 15 deals with the duration of service and consequences of a vacancy on the Panels.
The earlier drafts provided for four years of service on the Panels (History, Vol. I, pp. 76, 78). There were several suggestions that this term be extended. Eventually, it was fixed at six years with a possibility of renewal (History, Vol. II, pp. 144, 385, 386, 489, 562, 662, 722, 730, 731, 753, 935).
The Convention does not explicitly address the possibility of a removal or replacement of a Panel member before the expiry of the six years of service. During the Convention's drafting, there was a suggestion that Panel members should only serve “subject to the pleasure” of the designating authority; in other words, that the designation could be terminated at any time. Other delegates saw a danger to the independence of Panel members in this proposal. The idea to allow the removal of Panel members during their period of service was defeated in two votes (History, Vol. II, pp. 487–489, 562, 730–732). The peremptory language of Art. 15(1) (“shall serve for … six years”) also supports the interpretation that, once designated, a Panel member may not be withdrawn by the designating authority (see Art. 16, para. 6).
To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.