TITLE CRITERIA

CONCISE, CLEAR, AND INFORMATIVE (MAXIMUM 12–15 WORDS). 14 BOOK ANTIQUA

 

Author¹, Author², ……………. ³, …………… ⁴

^1,2,3,4 Institution ………………………………….

Email :  …………………..¹, …………………², ……………..³, ………………⁴

 

ABSTRACT

This paper examines the inconsistency of the International Centre for Settlement of Investment Disputes (ICSID) ruling regarding the state of necessity experienced by Argentina during the 2001 economic crisis. Using the doctrinal research method within the framework of the Third World Approach to International Law (TWAIL), the analysis focuses on the legal arguments put forward by Argentina both in the initial proceedings and at the appeal stage. Furthermore, this paper attempts to formulate a more comprehensive and systematic argumentation to strengthen Argentina's position. Thus, the main contribution of this paper lies in presenting a critical analysis of the fundamental differences in the arguments developed in the ICSID forum, while offering an alternative argument that prioritizes the economic development of Third World countries as a legal justification. This formulation is expected to serve as an argumentative reference in dealing with similar cases in the ICSID in the future.

 

 

1. Introduction [Book Antiqua font size 12, bold]

The introduction to a legal article should include a description of the area of legal study being researched to provide context to the reader and emphasize the urgency and importance of the issue. The background to the issue is presented by highlighting the research gap, which is a more specific statement regarding aspects of the legal issue that have been examined by other researchers previously. Thus, this discussion provides a foundation of information relevant to existing developments in legal thought and practice. The literature review is presented as the basis for arguing the scientific novelty of the manuscript, thereby confirming the original contribution of this research to the development of legal science. Furthermore, the introduction also needs to contain a clear statement of scientific novelty, a formulation of the legal issues to be addressed, hypotheses (if the research uses a normative-empirical approach that requires them), and the objectives of the research. The entire presentation is arranged in one chapter without subheadings, written in essay form, so that it does not use numerical or alphabetical formats to separate sections. If numbering is needed to explain certain points, then a narrative flow is used, for example: (1) first, (2) second, and (3) third.

In writing, every citation from legal literature, doctrine, or regulations must include the source in the text and be included in the bibliography. Citations in the text are written in the following format: (Author's last name, year: page) or (Author's last name, year). For works in English, the writing follows the format: single author, for example (Haekal & Zulaeha, 2019); for two authors, for example (Nurdin, 2019) or (Nurbaya et al., 2018); and for three or more authors, use (Cañas et al., 2017). Citations from legal institutions or associations use the format, for example (UNESCO, 2019). Legal articles written must be the original work of the author, never published in other media, and presented narratively without using numerical subheadings. Thus, the presentation of the introduction will provide a coherent, clear, and logical line of argumentation in accordance with the academic rules of legal writing.

 

2. Research Method [Book Antiqua font size 12, bold]

The research method used is normative legal research with a regulatory, case, and conceptual approach to analyze international legal instruments, ICSID awards, and relevant doctrines. Primary legal materials include the 1965 ICSID Convention, the 2001 ILC Articles on State Responsibility, and arbitration awards related to the Argentine crisis, while secondary legal materials include scientific literature and TWAIL studies, and tertiary legal materials include dictionaries and encyclopedias of international law. Legal materials were collected through literature studies, while analysis was conducted descriptively and analytically by interpreting legal provisions systematically and teleologically to formulate consistent arguments in the interests of developing countries.

 

3. Research Results and Discussion [Book Antiqua font size 12, bold]

The results of the study show inconsistencies in ICSID rulings on the application of the state of necessity to the 2001 Argentine economic crisis. Some arbitration panels rejected Argentina's claims on the grounds that the requirements of Article 25 of the Articles on State Responsibility were not met, while other panels accepted the argument of a state of emergency as a basis for defense. This difference has created legal uncertainty in international investment arbitration practice, particularly for developing countries facing multidimensional crises. The discussion confirms that the inconsistency of ICSID rulings reflects the dominance of an investment law paradigm that favors investor interests over the need for states to protect the public interest. From a TWAIL perspective, this condition indicates structural injustice that weakens the position of Third World countries. Therefore, it is necessary to reconstruct legal arguments that place economic development and the protection of public interests as part of the principle of necessity defense. This approach not only strengthens the legitimacy of the state in dealing with emergencies, but can also serve as a model for arguments in similar cases in the future.

 

4. Conclusion [Book Antiqua font size 12, bold]

The conclusion of this study shows that the ICSID ruling related to the 2001 Argentine economic crisis still leaves inconsistencies in the application of the principle of state of necessity, thereby creating legal uncertainty for developing countries. Analysis using the TWAIL framework confirms that the international investment law paradigm tends to favor investors over the public interest, thereby weakening the position of Third World countries in dealing with emergencies. Therefore, a more systematic legal argumentation is needed, placing economic development and the protection of public interests as the basis for defense, so that in the future, ICSID can produce decisions that are more fair, consistent, and in line with the principles of global justice.

 

5. References [Book Antiqua font size 12, bold]

The bibliography in this legal article is compiled with reference to primary literature in the form of the 1965 ICSID Convention, the 2001 ILC Articles on State Responsibility, and ICSID decisions related to the Argentine crisis. In addition, secondary literature in the form of books, international journal articles, and academic studies on investment arbitration and the Third World Approach to International Law (TWAIL) are also used. Additional sources come from tertiary legal materials such as legal dictionaries and international legal encyclopedias to strengthen the conceptual analysis. All references are listed consistently in accordance with scientific writing rules to support the originality, accuracy, and academic integrity of this research.

Book → Last Name, Initials. (Year). Book title. City: Publisher.

Haekal, A. R., & Zulaeha, S. (2019). Contemporary international law. Jakarta: Rajawali Pers.

Journal Article → Last Name, Initials. (Year). Article title. Journal Name, Volume(Issue), pages. https://doi.org/xxxx

Cañas, A., Gómez, J., & Pérez, R. (2017). State of necessity in investment arbitration. Journal of International Arbitration, 34(2), 123–140. https://doi.org/10.5467/jia.2017.12

Chapter in a Book (Edited Book) → Last Name, Initials. (Year). Chapter title. In Editor (Ed.), Book title (pp. xx–xx). City: Publisher.

Nurdin, A. (2019). TWAIL and global justice. In B. Anderson (Ed.), Critical approaches to international law (pp. 45–62). London: Routledge

Organization/Institution Document → Name of Organization. (Year). Title of document. Publisher/URL.

1. (2001). Articles on the Responsibility of States for Internationally Wrongful Acts. International Law Commission.

Agreement/Treaty → Name of treaty (Year). Source of legal publication.

International Centre for Settlement of Investment Disputes (ICSID). (1965). Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Washington, DC: World Bank.

Arbitration/Court Decision → Name of party. (Year). Name of case (Case number).

CMS Gas Transmission Company v. The Argentine Republic. (2005). ICSID Case No. ARB/01/8.