The number of states parties amounted to
The permanent Court of arbitration is an international organization founded in to facilitate the resolution of disputes between member states
The cases covered range in many fields including the demarcation of borders on land and at sea, sovereignty, human rights, international investment and trade foreign affairs and the interior.
Has its headquarters in The Hague in the Netherlands, at the Peace Palace, which also houses the international Court of justice and the Academy of international law. The idea of a court that would take care of the arbitrations international was not new, in fact the first documented examples of even trace back to king Darius of Persia. between Athens and Sparta, established a similar body to resolve disputes between the two cities. In the middle Ages, the role of intermediary between the two authorities, it was incumbent on the pope, however, there was disagreement about the fact that its verdicts were considered to be binding or simply advice to the rulers. In the NINETEENTH century have documented several cases in which a procedure of arbitration was used to resolve international disputes before the outbreak of hostilities.
The idea of a permanent court was introduced in an agreement between the republics of Latin America and the United States.
Also stipulated that a court of arbitration could analyse the disputes between nations, so as to avoid conflict. After the First pan-american Conference of Washington, on appeal to a court of arbitration was extended to any dispute that pertained to 'the national honor and vital interests of a state'. It was only during the Hague conference of, which was established before the Court of arbitration at the global level. The task of setting up the Court was left to the minister of Foreign Affairs of the Netherlands de Beaufort, who was considered the number of nations participating enough in September, and, therefore, convoked the first meeting, the nine April, for the purpose of appointing the officials. This meeting resulted in the appointment of the new secretary general of R. This and all other meetings until August of were held in a palace of the Hague until the court moved here in the Peace Palace. Between and, the court was never convened, inspiring satirical cartoons that showed the building out of use for sale. With the end of the Great War, the Permanent Court of Arbitration became part of the league of Nations, newly founded with the desire to establish an organisation with more expertise and more reliable. A second period of inactivity of the court, between and, he brought in many experts in international law to ask for the abolition. An alternative proposal was to turn it into a court that would deal solely to resolve disputes between states and private individuals. However, none of these proposals was successful and the Court held the same role. Ilt redici October, it was awarded the status of observer in the UN general Assembly. The eighteen October and October were held two events to commemorate, respectively, the centenary conference of, and the transfer of the organization in the Peace Palace. The only permanent elements of the Court are the international Bureau of the chancellery, the Board of directors permanent, the arbitrators appointed by States parties to the Hague Convention, and finally a list of the rules of procedure. For this aspect is distinguished from the International Court of Justice another difference is the fact that the sessions of the Permanent Court of Arbitration held in private and are confidential. The CPA is not a 'court' in the proper meaning of the term, but an administrative organization with the goal of having permanent means are readily available to serve as the register of international arbitration and other related procedures, including commissions of inquiry and conciliation. The court is not a court of arbitration or agreement, but simply a list of persons nominated by States parties to the convention, by which States parties to a dispute can choose the arbitrators entrusted with the solution and use the assistance of a secretariat'. The Board of directors is a body composed of all the diplomatic representatives of the member States accredited in the Netherlands. It is chaired by the Dutch Minister of foreign affairs, who is also a member, and is composed by the diplomatic agents of the States party to the Convention, accredited in the Netherlands. The Board is responsible for the management of the international Bureau, of the budget of the organization and a report on the activities.
The judges or arbitrators who hear the cases are called members of the Court.
Each member State may appoint up to four 'good competence in questions of international law, of high moral reputation and disposed to accept the functions of arbitrators for a renewable term of six years.
The arbitrators of each member State together form a 'national group'.
The judges may be selected in cases of arbitration in which the CPA provides support. Groups National, can propose candidates for the members of the International Court of Justice. The CPA is sometimes confused with the international Court of justice, which has its headquarters in the same building. The CPA, however, is not part of the United Nations system, even if it has the the status of observer in the general assembly of the United Nations since. The Administrative Council is the organ in order to control and supervise the organisation, has primarily an administrative function in the control of the international Bureau, especially in issues of salaries and budgets, also draws up the annual report on the activities of the Powers parties to the contract. Its activity is regulated by the Rules of procedure of the Administrative Council approved the Hague, the nineteen of September. The Board is composed of diplomatic representatives accredited by the international Conferences for peace in the Hague.
In, nine states participate in the formation of the organ, which appoints the Secretary General, head of the international Bureau and the Representative of the Court.
Each of the States parties is in charge to appoint a maximum of four referees of the Court. Their names are indicated on the list drawn up by the Bureau, for a period of six years, beyond which their the mandate may be renewed. It is from this list that the arbitrators in each specific case in question are chosen. The one January, the number of arbitrators on the list was. It was already enshrined in the Statute of the league of Nations that the candidates for judges of this court should be chosen from the list submitted by the 'national groups' (up to four arbitrators chosen by each state) for the Permanent Court of Arbitration. The same remains valid to the International Court of Justice, the members of which are, in fact, chosen by the General Assembly and the Security Council from a list submitted by the national groups in the Permanent Court of Arbitration. The members of the Permanent Court of Arbitration can also propose candidates for the Nobel Prize for Peace. The international Bureau, headed by the Secretary-general of the Permanent Court of Arbitration, provides legal support, technical and administrative, maintains the documents and is the official channel of communication.
The items - of the Hague Conference of, for the most part based on pre-existing agreements between the states, defined the rules and procedures of arbitration.
These rules were amended in: the creation of a simplified procedure for simple cases is the main innovation. They were then used in the 's in the Permanent Court of International Justice.
Later, during the armistice of thirty years of the
In the first place, the parties agree to the so-called 'trade-offs', which declare the duties and powers of the arbitrators.
The legal procedure consists of two phases: the writing of the request and the verbal discussion. During the first part of the procedure, the agents and the lawyers collect, and deposit the documents and evidence in favor of its part. In the second stage is the oral debate before the Court, who retired at the end of the discussion, and decides by majority the judgment.
The written decision that includes the reasons for the dissenting opinion of the minority of the arbitrators, is signed by the president and by the secretary (prior to by the arbitrators), and it is read to the parties without appeal.
However, it is possible to get a review in the case of the discovery of new evidence of the nature is decisive between the phase of debate and the declaration of the verdict. The admission of the review request, and every decision are given to the Court. Is the compromise to establish the period within which may be presented to a review question. These rules are laid down in article, animatedly debated by the Third Committee in. The Permanent Court of arbitration provides support to cases of disputes that are carried out according to the regulations of the United Nations Commission on international trade law, or UNCITRAL, which involve as parties States, state entities or governmental organizations. In the event that the parties fail to appoint arbitrators, the Secretary of the Permanent Court of Arbitration can act as authorities invested with the power of appointment. The Court can only be chosen in cases of disputes that fall under the United Nations Convention on the law of the sea (UNCLOS).
The Court has actually administered all the cases of disputes, the UNCLOS, except one.
The PCA has initiated in a project aimed at creating a set of arbitration rules which meet the specifications of settling international disputes on the space that is extra-atmospheric. In fact, there was an alternative method to resolve this type of issues in addition to the mechanism established by the Liability Convention, which does not allow the participation of non-state entities. They were then promulgated the six December the Optional Rules for Arbitration of Disputes concerning the Business of Extra-atmospheric. They recognize that the purpose of the extra activity of weather include not only potential for disputes between nations, but also between private individuals. Are States which have acceded to one or both of the Hague conventions of and. Each member State may appoint up to a maximum of four delegates, who perform the functions of arbitrators. They must possess a wide expertise in the field of international law, a high moral reputation and should be willing to accept the obligations of the arbitrators'. This is a partial list: the Court is in fact gradually making available electronically all records relating to the cases examined in the past. Between and, the budget for the Court was one of the nineteenth century The funds for the Court are from the contributions of its members and by the fees paid by the parties for cases to arbitration. The fixed costs that each member state must pay individually based on the system of the Universal Postal Union. Any party requesting arbitration must pay the expenses to organize the court, including the salaries of the referees, the costs for logs, and administrative functions, but not the general expenses of the organization. The costs vary from case to case, and may be the subject of negotiation between the Permanent Court of Arbitration, and the parties in the case.
