مفهوم الاستثمار في اتفاقية واشنطن لعام 1965 بين غياب النص و تضارب اجتهادات المركز الدولي لتسوية منازعات الاستثمار : قراءة تحليليّة نقدية

Abstract EN

The International Centre for Settlement of Investment Disputes (ICSID) is the only arbitral tribunal specialized in the settlement of investment disputes between host countries and foreign investors from the private sector.

However, arbitration under the supervision of the Center still raises significant legal problems in the area of rules that define its substantive jurisdiction.

Article 25/1 of the Washington Convention establishing the Center requires that the dispute be submitted to the Center to be directly related to the concept of investment, but w ithout defining it.

Thus, the problem of the study is based on the absen c e of a specific concept of investment in the Washington Convention, which opened the way for the conflicts of judgment and the lack of homogeneity in the decisions rendered by the arbitral tribunals of the Internat i onal Center.

This has adversely affected the scope of the Center’s competence and created a state of legal insecurity.

The present study adopts the inductive and analytical approaches and analyzes the relevant awards rendered by the arbitral tribunals of the International Center to ascertain their c o nsistency with the provision of Article 25/1 of the Washington Convention.

It also assesses the approach of these tribunals and its compatibility with the objectives of this Convention.