Chapter 5 Janis

Chapter 5 Janis - Chapter 5: The International Court o...

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Chapter 5: The International Court— o post-WWI the Permanent Court of International Justice (PCIJ) was established under the League of Nations o The PCIJ collapsed with its parent organization in WWII, but in 1945, an identical tribunal, the International Court of Justice (ICJ) was constituted as the judicial branch of the new UN o Problems—how can states be compelled to submit cases; and how can ruling be enforced? Public International Arbitration: o “settlement of differences between States by judges of their own choice, and on the basis of respect for law” o ad hoc—earliest form of arbitration; took place only when states were willing to submit existing disputes to impartial umpires o British and the US— 1794 Jay Treaty : an agreement concluded by the governments of the two nations s a means for resolving the many disputes still remaining after Britain’s formal acknowledgement of American independence in 1783 Treaty called for the arbitration of cases concerning territorial delimitation and the seizure of ships at sea and other confiscations or private property o Between 1795—1914, over 200 international arbitral awards o Especially after the War of 1812 there arose vigorous peace societies that actively promoted international courts and arbitration, fueled mostly by religious, and helped provide much of the popular support and a good many of the principles and projects that would culminate in the permanent international courts of the 20 th century o 1872— Alabama claims: ad hoc tribunal composed of 5 judges named by each of the US, Great Britain, Italy, Switzerland, and Brazil empowered by the US and the United Kingdom to decide whether the United Kingdom had violated the rules of international law when it permitted British companies to build warships for the Confederacy during the American Civil War Court decided that Britain had violated her obligations as a neutral and ordered her to pay the US some $15,500,000 in damages o 1890—a resolution calling for the negotiation of general arbitral agreements was passed by the US Congress and in 1893 the British House of Commons unanimously resolved to cooperate with the US in negotiating a general arbitration treaty however when the 2 governments finally drafted and signed such an agreement in 1897, the treaty failed to ratify by 3 votes in the US Senate o 1899—Russian Czar convened an international peace conference at the Hague, both the US and the UK pushed for a permanent and universal court of arbitration delegates adopted the Convention for the Pacific Settlement of International Disputes 1907—2 nd Hague Conference—called on the parties to use their best efforts to insure the pacific settlement of international differences Convention also established the first permanent panel of international arbitrators, the Permanent Court of Arbitration (PCA), from which states could designate specific arbitrators to sit on ad hoc tribunals that could hear cases
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Chapter 5 Janis - Chapter 5: The International Court o...

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