Permanent Court of Arbitration
| Permanent Court of Arbitration | |
|---|---|
| Cour permanente d'arbitrage | |
 Seal of the court |
|
| Established | 1899 |
| Country | Worldwide, 113 state parties |
| Location | The Hague, Netherlands |
| Authorized by | Hague Peace Conference |
| Website | www.pca-cpa.org |
The Permanent Court of Arbitration (PCA), is an international organization based in The Hague in the Netherlands. It was established in 1899 at the first Hague Peace Conference. The PCA provides services for the arbitration and resolution of disputes involving states, state entities, intergovernmental organizations, and private parties. The PCA is different from the International Court of Justice which is housed in the same building, the Peace Palace in The Hague.
Contents |
History [edit]
The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.
The creation of the PCA is set out under Articles 20 to 29 of the 1899 Hague Convention for the pacific settlement of international disputes, which was a result of the first Hague Peace Conference. At the second Hague Peace Conference, the earlier Convention was revised by the 1907 Convention for the Pacific Settlement of International Disputes.
State parties [edit]
As of February 2012, 115 countries are party to one or both of these founding Conventions of the PCA.[1]
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State party
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1899 convention
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1907 convention
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|---|---|---|
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28-10-2011
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15-06-1907
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01-04-1960
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21-02-1997
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04-09-1900
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26-01-1910
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30-06-2008
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26-02-2012
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04-06-1962
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04-04-1962
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04-09-1900
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07-10-1910
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21-01-2003
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16-09-2005
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15-06-1907
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26-10-1910
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15-06-1907
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06-03-1914
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04-09-1900
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10-06-2000
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30-08-1961
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30-08-1961
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04-01-1956
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04-01-1956
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01-08-1961
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01-08-1961
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19-08-1960
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09-07-1994
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15-06-1907
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18-01-1998
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21-11-1904
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26-01-1910
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15-06-1907
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17-03-1997
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25-03-1961
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25-03-1961
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20-07-1999
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08-10-1991
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15-06-1907
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22-04-1912
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12-11-1993
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01-01-1993
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04-09-1900
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26-01-1910
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15-06-1907
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07-09-1958
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03-07-1907
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04-11-1968
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20-06-1907
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26-01-1910
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04-10-1997
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01-09-2003
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28-09-2003
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02-04-1973
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09-06-1922
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04-09-1900
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06-12-1910
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04-09-1900
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26-01-1910
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04-04-1901
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15-06-1907
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14-05-1911
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25-01-1998
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15-06-1907
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03-04-1910
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01-12-1961
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30-01-1962
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04-09-1900
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26-01-1910
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08-12-1955
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08-12-1955
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29-07-1950
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04-09-1900
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31-08-1970
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30-10-1970
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06-07-2002
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17-06-1962
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04-09-1900
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06-10-1900
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11-02-1912
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27-01-1992
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11-06-2006
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21-02-2000
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14-09-2003
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04-06-1992
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04-06-1992
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18-07-1955
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18-07-1955
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12-08-2001
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14-02-1968
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14-04-1968
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02-09-1996
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23-09-1994
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09-01-2005
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12-07-1901
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04-11-1912
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17-11-1991
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17-02-2001
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07-10-2009
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06-05-2002
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07-09-1968
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03-08-1970
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17-04-1901
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26-01-1910
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03-06-2006
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04-06-2001
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04-09-1900
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26-01-1910
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10-02-1959
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13-04-2010
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15-06-1907
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14-02-1910
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16-02-1987
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04-09-1900
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18-11-1910
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05-08-1950
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15-06-1907
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10-11-1911
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15-06-1907
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24-06-1933
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15-06-1907
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26-05-1922
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14-07-2010
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04-09-1900
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12-06-1911
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02-12-2005
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04-09-1900
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30-04-1912
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07-03-1955
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07-03-1955
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19-04-2011
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20-01-2002
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01-08-1977
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30-09-1977
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05-06-2006
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05-06-2006
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11-09-1993
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01-01-1993
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01-10-1996
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29-03-2004
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21-12-1998
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04-09-1900
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17-05-1913
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09-02-1955
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02-12-1966
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27-12-1992
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25-12-1970
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04-09-1900
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26-01-1910
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29-12-1900
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11-07-1910
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04-09-1900
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11-05-1910
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17-12-2004
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12-06-1907
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30-04-1966
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04-04-1962
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04-04-1962
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06-11-2008
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04-09-1900
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26-01-1910
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04-09-1900
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12-10-1970
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17-06-1907
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15-06-1907
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29-12-2011
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27-02-2012
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31-12-1999
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19-09-1984
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Organization [edit]
The PCA is not a “court in the conventional understanding of that term, but an administrative organization with the object of having permanent and readily available means to serve as the registry for purposes of international arbitration and other related procedures, including commissions of enquiry and conciliation.”[2] It is a permanent framework available to assist temporary arbitral tribunals or commissions. The judges or abitrators that hear cases are officially called "Members" of the Court.
The PCA is housed in the Peace Palace in The Hague, which was built specially for the Court in 1913 with an endowment from Andrew Carnegie. From 1922 on, the building also housed the distinctly separate Permanent Court of International Justice, which was replaced by the International Court of Justice in 1946.
The public at large is usually more familiar with the International Court of Justice than with the Permanent Court of Arbitration, partly because of the closed nature of cases handled by the PCA and due to the low number of cases dealt with between 1946 and 1990. The PCA's caseload has, however, increased since then.[3]
The PCA administers cases arising out of international treaties (including bilateral and multilateral investment treaties), and other agreements to arbitrate. The cases conducted by the PCA span a wide range of legal issues, including disputes over territorial and maritime boundaries, sovereignty, human rights, international investment (investor-state arbitrations), and matters concerning international and regional trade.
Hearings are rarely open to the public and sometimes even the decision itself is kept confidential at the request of the parties. Many decisions and related documents are available on the PCA website.
Cases [edit]
- Pious Fund of the Californias (1902)
- Savarkar Case (1911)
- Island of Palmas Case (1928)
- In the early 1980s, the PCA helped in setting up the administrative services of the Iran-United States Claims Tribunal.[4]
- Hanish Islands conflict (1998 and 1999)
- Barbados v. Trinidad and Tobago (2006)
- Decision Regarding Delimitation of the Border between The State of Eritrea and The Federal Democratic Republic of Ethiopia (2002) The Eritrea-Ethiopia Boundary Commission was organized through the Permanent Court of Arbitration.
- Abyei Arbitration (2009)
- Mauritius v United Kingdom (pending)
See also [edit]
References [edit]
- ^ Member States
- ^ Shabtai Rosenne, “The Hague Peace Conferences of 1899 and 1907 and International Arbitration: Reports and Documents”, T.M.C. Asser Press (2001), page xxi.
- ^ Sir Kenneth Keith ONZ QBE QC, "Member of the Permanent Court of Arbitration" in Timothy L.H. McCormack & Cheryl Saunders, ed., Sir Ninian Stephen: A Tribute, Miegunnyah Press (2007), p. 174. See also Permanent Court of Arbitration 106th Annual Report, p.1, available at http://www.pca-cpa.org/upload/files/03%202006%20Summary%20Report%20FINAL%20en.pdf
- ^ Judge George H. Aldrich, "The Iran-U.S. Claims Tribunal" in P. Hamilton et al., ed., The Permanent Court of Arbitration: International Arbitration and Dispute Resolution, Kluwer Law International (1999), p. 208.
Further reading [edit]
Hudson, Manley O. (June 1943). "Chapter 1. The Permanent Court of Arbitration". The Permanent Court of International Justice 1920-1942 (A Treatise). New York: The Macmillan Company. pp. 3–36 Sections 1–32. The relevant chapter includes information about a number of cases referred to the Permanent Court of Arbitration.
