Abstract

LETURIA INFANTE, Francisco Javier. INDETERMINACY RULES AND STANDARDS OF INTERPRETATION IN ICSID ARBITRATION PANELS. AN ANALYSIS OF SOME OF ITS PROCEDURAL DEFICIENCIES BASED ON THE REQUIREMENT OF “CONTRIBUTION TO THE DEVELOPMENT OF THE RECEIVING STATE” AS A REQUIREMENT FOR ACCESS TO ITS JURISDICTION. Vniversitas [online]. 2018, n.136, pp.97-114. ISSN 0041-9060.  https://doi.org/10.11144/javeriana.vj136.inci.

During the last decades we have seen a growing prominence by the judicial actors in interpretative issues, particularly in those related to indeterminate concepts proper to the international law and, even more particularly, to the fundamental rights. This work proposes that such growing judicial activism cannot be appreciated or justified with the same criteria as other issues so dissimilar like the conflicts between constitutional rights (which allow for a greater judicial construct) or the business and criminal cases (when the adherence to the rules and the legal security is expected to be higher). To justify the foregoing, this work examines the fluctuating criteria drawn upon by the arbitration panels in the International Centre for Settlement of Investment Disputes (ICSID) when assessing the system core criterion providing the access to its jurisdiction: the foreign investments. Based on the foregoing, a series of measures and precautions are indicated, which could be adopted to enhance the legal practices and standards. Finally, this work includes an analysis of the role and the criteria that are to be required to the different courts in a global justice system.

Keywords : judicial activism; arbitration panels; legal practices.

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