Permanent Court of Arbitration facts for kids

Quick facts for kids Permanent Court of Arbitration
Cour permanente d'arbitrage
Seal of the PCA
Established	1899
Country	Worldwide, 122 parties
Location	The Hague, Netherlands
Coordinates	52°05′12″N 4°17′44″E / 52.0866°N 4.2955°E / 52.0866; 4.2955
Authorized by	Hague Peace Conference
Judge term length	6 years (renewable)
Number of positions	Maximum 4 per member state
Website	pca-cpa.org
Secretary-General
Currently	Marcin Czepelak
Since	2022

The Permanent Court of Arbitration (PCA) is a special organization that helps countries and other groups solve their disagreements peacefully. It's located in the Peace Palace in The Hague, Netherlands.

The PCA is not a regular court with judges in the usual way. Instead, it offers support for international arbitration. This means it helps different countries, government groups, international organizations, and even private companies settle their disputes.

The cases they handle cover many topics. These include disagreements about land and sea borders, who owns what, human rights, international investments, and trade between countries.

The PCA was created by two important international agreements. It currently has 122 member countries. While it works closely with the United Nations, it is not a UN agency. It has been an observer at the UN since 1993.

The PCA was set up in 1899 during the first Hague Peace Conference. This meeting was called by Czar Nicolas II of Russia. His goal was to find the best ways to ensure lasting peace for everyone. He also wanted to limit the growth of weapons around the world.

The PCA's main building, the Peace Palace, was built specifically for it. Construction took place from 1907 to 1913.

How the PCA is Organized

The PCA is not a court in the traditional sense. It's an administrative organization. Its main purpose is to provide a stable and ready system to help with international arbitration. It also supports other ways of solving problems, like investigations and discussions to reach agreements.

The Administrative Council

The Administrative Council is a group made up of all the diplomatic representatives from member countries who are in the Netherlands. The Minister of Foreign Affairs of the Netherlands leads this council. This council is in charge of guiding and overseeing the International Bureau. It also manages the organization's budget and reviews its activities.

The International Bureau

The International Bureau is like the PCA's main office. It's led by the Secretary-General. This office provides important support for PCA arbitration cases. This includes help with languages, research, administration, and money matters.

Members of the Court

The third part of the PCA is called the Members of the Court. Each member country can choose up to four people for this role. These people must be experts in international law and have a very good reputation. They serve for a renewable six-year term.

These members form a list of possible arbitrators. They also create a "national group" for their country. This group can suggest candidates for election to the International Court of Justice. The Members of the Court are also among the few groups allowed to nominate people for the Nobel Peace Prize.

When countries have a dispute, they can choose arbitrators from this list. However, they don't have to.

The PCA is sometimes confused with the International Court of Justice. Both are located in the Peace Palace. But remember, the PCA is not part of the UN system. It only has observer status at the UN General Assembly.

How Cases Work at the PCA

The rules for how arbitration cases are handled are set out in the Hague Convention of 1899. These rules were updated in 1907. A key change was adding a simpler process for less complicated cases. These rules also helped create the rules for the Court of International Justice in the 1920s.

Starting a Case

The first step for parties in a PCA case is to submit a document called a "compromis." This document clearly states the problem and explains what powers the arbitrator(s) will have.

Case Proceedings

The case then goes through two main stages:

• Written arguments: Both sides submit their arguments in writing.
• Oral discussions: The parties then present their cases verbally.

After these discussions are finished, the arbitrators meet privately. They discuss the case and make a decision. The decision is made by a simple majority vote.

The Decision

The final decision is called an "award." It is made public, along with any differing opinions from the arbitrators. In the past, the arbitrators themselves signed the decisions. Since 1907, the president and secretary of the PCA sign them.

The award is read aloud in a public meeting. Representatives and lawyers from both sides are present. The decision is final and binding on the parties involved. There is no way to appeal the decision.

Budget and Fees

The PCA's money comes from its member countries. It also earns money from the arbitration cases it handles. The amount each member country pays is based on a system used by the Universal Postal Union.

When parties use the PCA for arbitration, they pay for the costs of their specific case. This includes the arbitrators' salaries and administrative support. However, it does not include the general running costs of the PCA organization. The cost of each arbitration varies, and the PCA can discuss fee arrangements with the parties.

Member Countries

Countries that are part of the Convention on the Pacific Settlement of Disputes from 1899 or 1907 are automatically members of the PCA. Some countries are part of both conventions. In total, the PCA has 122 member countries. This includes 120 members of the United Nations, plus Kosovo and Palestine.

History of the PCA

The PCA is the oldest organization for solving international disagreements. It was created in 1899 during the first Hague Peace Conference. This happened under specific articles of the 1899 Hague Convention for the Pacific Settlement of International Disputes.

Later, at the second Hague Peace Conference in 1907, the earlier Convention was updated. As mentioned before, the idea for these conferences came from Czar Nicholas II of Russia. He wanted to find the best ways to achieve real and lasting peace for all people. He also hoped to limit the growth of weapons.

Leaders of the PCA

The current Secretary-General of the PCA is Dr. Hab. Marcin Czepelak. He was chosen on February 14, 2022, for a five-year term. He started his role on June 1, 2022.

Here is a list of all the Secretaries-General who have led the PCA since it began:

What the PCA Does

PCA tribunals can handle disputes based on the PCA's original documents. These are the Conventions on Pacific Settlement of International Disputes. They can also handle cases based on other agreements between two or more countries. The Secretary-General also helps appoint arbitrators for cases.

Appointing Arbitrators

Sometimes, there are problems choosing arbitrators for a case. For example, one party might refuse to pick an arbitrator. Or the chosen arbitrators might not agree on a third arbitrator. In such situations, the PCA Secretary-General can be asked to help appoint them. This option is also available for other arbitration agreements. Between 2011 and 2015, the PCA received 257 such requests.

Disputes Between Countries (Hague Convention)

When two member countries of the PCA have a disagreement, they can choose to have a PCA Tribunal help them. This tribunal is made up of five arbitrators. Each country chooses two arbitrators. One of these can be from their own country. Then, these four arbitrators choose the fifth arbitrator, who leads the group.

Disputes About Sea Borders (UNCLOS)

The United Nations Convention on the Law of the Sea (UNCLOS) has a way to solve disagreements about sea borders. Member countries can choose from several options:

• The International Tribunal for the Law of the Sea
• The International Court of Justice
• An arbitral tribunal (set up by UNCLOS rules)
• A special arbitral tribunal (also set up by UNCLOS rules)

If two countries choose different ways to solve their problem, they must use the third option: an arbitral tribunal. As of August 2016, the PCA has managed 12 out of 13 cases started by countries under this part of the UNCLOS.

Disputes Between Investors and Countries

Many free trade agreements have rules for solving disagreements between investors and countries. These are called ISDS clauses. The PCA can help in these cases. It can appoint arbitrators, use its own arbitration rules, or provide support for the case.

Examples of PCA Cases

Here are some examples of cases the PCA has handled:

Between Countries

• United States of America v. Mexico (Pious Fund of the Californias) (1902)
• United States of America v. United Kingdom (The North Atlantic Coast Fisheries Case) (1910)
• France v. Great Britain (Savarkar Case) (1911)
• United States of America v. The Netherlands (Island of Palmas Case) (1928)
• Eritrea v. Yemen (Hanish Islands conflict) (1999)
• Belgium v. The Netherlands (Iron Rhine case) (2005)
• Croatia v. Slovenia (2017)

Between Countries: Sea Border Cases (UNCLOS)

• Barbados v. Trinidad and Tobago (2006)
• Bangladesh v. India (Bay of Bengal Maritime Boundary) (2014)
• Denmark in respect of the Faroe Islands v. European Union (Atlanto-Scandian Herring Arbitration) (2014)
• Mauritius v. United Kingdom (Chagos Marine Protected Area) (2015)
• Philippines v. China (2016)
• Netherlands v. Russia (MV Arctic Sunrise) (2017)
• Italy v. India (Enrica Lexie case) (2020)

Investor-State Cases

• Hulley Enterprises Limited (Cyprus), Yukos Universal Limited (Isle of Man) and Veteran Petroleum Limited (Cyprus) v. the Russian Federation (2015)
• Cairn Energy PLC & Cairn UK Holdings Limited v. The Republic of India

Other Cases

• United States v. Iran (Iran-United States Claims Tribunal) (early 1980s): The PCA helped set up this claims tribunal.
• Eritrea v. Ethiopia (Eritrea-Ethiopia Claims Commission) (2009): This claims commission was organized through the PCA.
• Sudan v. Sudan People's Liberation Movement (Abyei Arbitration) (2009)

Images for kids

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  Seat of the PCA: The Peace Palace ("Vredespaleis"), The Hague.

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  Parties of the Permanent Court of Arbitration      according to the convention of 1907      according to the convention of 1899     not a party

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  PCA courtroom.

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  Public Hearing in PCA Case No. 2015-28, the Enrica Lexie Incident (Italy v. India)

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  Prinsegracht 71, The Hague, a building dating from about 1728, which was the seat of the PCA between 1901 and 1913, when the construction of the Peace Palace was completed.

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  North Atlantic Fisheries Arbitration at the Permanent Court of Arbitration, Prinsegracht 71, The Hague, 1910.

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  Public Hearing in the Administrative Council Chamber of the PCA in Case No. 2012-04 (Arbitration between the Republic of Croatia and the Republic of Slovenia)

See also

• Ligue internationale de la paix
• International arbitration
• International Court of Justice
• International Court of Arbitration