DodoFinance Breaking News Made For You!
Ministries
Blog post | 04/13/2021 | Ministry of Foreign Affairs
From the South China Sea to Russia’s Yugos Billions: For over 120 years, the Permanent Court of Arbitration at the Peace Palace in The Hague has been active in resolving international disputes peacefully. Also the number of cases pending in the arbitral tribunal is increasing. Secretary-General Hugo Sibils: “Every dispute settled amicably is one.”
Since 1913, the Permanent Court has been housed in the Peace Palace in The Hague, which was built specifically for the court. The monument also houses the United Nations International Court of Justice, which, like the Arbitration Court, advocates for peace and justice in the world.
The legacy of Carnegie
The Netherlands is a strong advocate of international law and order. This means that the Netherlands provides shelter to organizations active in the field of peace and justice so that they can carry out their work efficiently, safely and without hindrance.
In the 75th anniversary week of the International Court of Justice, former Ambassador Sybil looks back at how it all started.
Peace Palace Thank you for the great contribution of American businessman and philanthropist Andrew Carnegie. If he had known that the International Court of Justice would be housed in the same building as the Permanent Arbitration Court, he would no doubt have been much happier. “
A tribunal of three
The Permanent Court dates back to before 1899 and is the oldest local government body involved in resolving international disputes. This is different from a court case: the parties involved form a tribunal – in most cases three people. Each party appoints a moderator, and together they appoint a president. The tribunal decides on the matter.
Sibles: ‘At first the court was only for inter-state conflicts, but since the 1930s we have been dealing with conflicts between public and private parties. But even then a state or international organization is usually involved. ‘
Quiet road
About 180 cases are now pending in court, half of which are pending elsewhere in the world. For example, in Paris, Singapore or New York. This, among other things, depends on where the controversy takes place.
“The essence of arbitration is that both parties want to submit their dispute to a third party,” Siblings says. So volunteer. It is important that they choose the quiet path. ‘
Partners
Those who want to know which cases the permanent court is hearing will not find all the answers on the website. Sometimes the things that are on the table are very secretive. So big benefits.
The permanent court has been embroiled in a number of minor cases in recent years. For example, after nearly 10 years of trial, a tribunal under the auspices of the court ruled that Russia must pay more than 50 billion euros to the shareholders of the oil group Yugos.
Another well-known example is the verdict in the 2013 arrest of Arctic Sunrise, the Greenpeace ship between the Netherlands and Russia, by Russian authorities. As a result of the judgment, the parties eventually agreed to a settlement.
Compatibility
Arbitration judgments are bound, but the procedure may be unruly. Countries can ignore compliance. One example is China, after a disagreement with the Philippines, did not accept the ruling on the South China Sea.
“If states promise to resolve conflicts through mediation or jurisdiction, you can expect them to follow a verdict,” Siblings says.
‘If countries do not want to cooperate, all that is left is diplomatic pressure. The Netherlands usually wants to deal with this in an EU context. The example of the report on the South China Sea shows that this is not easy. Fortunately, in most cases the parties adhere to the decision, although this sometimes does not happen immediately. Or take the diversion just like the Arctic Sunrise thing. ‘
unavoidable
Siblings argues that despite the criticisms that international courts sometimes receive – for example, due to the length of proceedings – a peaceful dispute resolution is essential.
The number of proceedings before the Permanent Court has increased significantly in recent years. I call it a win. One reason for this is the strong increase in agreements with arbitration clauses. But because more players have access to these types of practices. For example not only countries but also trade unions and companies. ‘
‘There will always be controversies. But if the parties wish, an arbitral award can provide a solution. Within the agreed period. When you consider what the alternative might be, any dispute that is settled quietly is one. ‘
“Explorer. Devoted travel specialist. Web expert. Organizer. Social media geek. Coffee enthusiast. Extreme troublemaker. Food trailblazer. Total bacon buff.”
