The Pacific Settlement of International Disputes (PSTD) was a convention signed at The Hague in 1899. Twenty-seven countries, animated by a desire to concert for peace, agreed to settle their disputes through pacific means. The PSTD gave birth to the Permanent Court of Arbitration (PCA), the most important inter-state arbitration institution. They proclaimed that civilized countries should fight for equity, solidarity, security, and welfare, and the PCA- available to all- will contribute effectively to this result.
With the awareness of Human Rights, in the 21st century, the number of civil and international wars have decreased- although not vanished. This is the future that the mentioned convention projected two centuries ago, that is the reason why on 29 July 1899 kings, princes, queens, emperors, and presidents decided to reunite at the First Hague Peace Conference.
They weren't conscious that in the next centuries Globalization and the new technologies would generate an inter-state network (from which they would not be able to escape). The following countries encouraged the regulation over pacific settlements of international disputes, which currently represents a fundamental tool due to daily communication, migratory movement, and disputes growth: Germany, Austria, Belgium, China, Denmark, Spain, US, Mexico, France, UK, Greece, Italy, Japan, Luxemburg, Montenegro, Netherlands, Persia, Portugal, Roumania, Russia, Serbia, Siam, Sweden, Norway, Switzerland, Turkey, and Bulgaria. The authorities agreed on issues regarding the maintenance of the general peace, on good offices and mediation, on international commissions of inquiry, on international arbitration, on the PCA, and on the arbitral procedure.
Through Law, countries consolidated international justice by proclaiming that all conflicts have to be resolved by pacific means avoiding armed conflicts. And in order to accomplish it, the Permanent Court of Arbitration was created with the aim to strengthen the means to settle international disputes peacefully, on the basis of respect for law. It's not a court, nor a permanent arbitral tribunal, this arbitration institution provides facilities for parties to arbitrate disputes and administrates the arbitration. The PCA has it's own procedural rules, mostly used for inter-state disputes in the area of the law of the sea, and for the foreign investor-state disagreements.
During the arbitration process, there is a preliminary examination, later a discussion in which explanations and evidence in support of each case are submitted, and finally private deliberation from members of the Tribunal. The award is given by the majority of votes, read out in public meetings, and its binding for the parties.
The Pacific Settlement of International Disputes signed in the First Hague Peace Conference is kept by the Netherlands Government. The solidification of the relationship between states could not remain in harmony if there was no such treaty that determines the procedure when two different cultures collide due to political, economic and social issues.
domingo, 1 de marzo de 2020
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