Ita leads this morning with a new English translation of the decision in Empresa Eléctrica del Ecuador, Inc. (“EMELEC”) v. Republic of Ecuador. This is a pretty perplexing decision. The core issue was jurisdiction and the tribunal was asked to decide whether the representative of EMELEC before the tribunal was actually the ultimate shareholder of EMELEC and entitled to bring the proceedings or a third party with no interest in EMELEC.
Monthly Archives: November 2009
There are two kinds of quiet. One is the quiet of peace and contentment, the quiet that forms in a still moment and is a deep contentment that pervades every nook of the soul. The kind that forms when you sit in a warm window on a cold rainy day, and stare out at all eternity.
That is not my quiet. I have an unsettling gnawing quiet. A quiet that has no reason and gives no answers.
I’ve been pondering the Jessup problem today from a purely abstract perspective. I’ve been thinking about what the problem isn’t: the issues that it decided to ignore instead of explore.
The problem, although focused on international investment law in part, has not raised the three big questions of international investment law that are at the forefront today.