Dapo recently posted on this blog about the rise of inter-State cases before the PCA and predicted that "the current rise of inter-state arbitration will endure for some time“. Many readers will presumably be quite happy about the trend described: binding dispute resolution, if it happens, tends to make us international lawyers happy after all - so the more (cases) the merrier? Interestingly, there is one branch of international law in which the debate currently seems take a different turn; in which the belief in binding dispute resolution is under attack – and in which many commentators, incl. many with an internationalist mindset and a keen desire for a rights-based global order, strongly feel that we have too much international arbitration. This is the field of investment law, in which the concept of investment arbitration has come under fire. Of course, this is an important debate for those interested in investment arbitration -- academics, practitioners, companies, civil society, etc. But, as importantly (if not more), it is also a debate that general international…
Permanent Court of Arbitration
Page 4 of 4
Timor-Leste v Australia: Provisional Observations
As has already been reported in this forum, earlier this week the International Court of Justice issued an order indicating provisional measures in Questions Relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v Australia). The documents and data in question relate to ongoing arbitral proceedings between Timor-Leste and Australia. The documents were…
The Peace Palace Heats Up Again: But Is Inter-State Arbitration Overtaking the ICJ?
Since the establishment, after World War I, of the Permanent Court of International Justice (PCIJ), judicial settlement by standing international courts has been more popular than inter-State arbitration as a means of settling inter-state disputes (except perhaps in the trade context where the GATT/WTO panels can be characterised as a form of arbitration). However, it may be that inter-state…
Espionage & Good Faith in Treaty Negotiations: East Timor v Australia
In April last year, East Timor instituted arbitral proceedings against Australia at the Permanent Court of Arbitration (‘PCA’) in relation to a dispute arising under the 2006 Treaty on Certain Maritime Arrangements in the Timor Sea (‘CMATS Treaty’). Timor Leste (as East Timor is formally known) alleges that the CMATS Treaty is invalid because Australia engaged…
- First
- Page 4 of 4