The modern tendency to restrict international arbitration to
matters of commerce and investment is succumbing to a renewed
recognition of the original impetus for dispute resolution by
arbitration - i.e., matters of public international law, most
importantly the settlement of disputes that pose a threat of
international conflict. Recent developments suggest a renaissance
of public international arbitration, most clearly manifested in the
present flourishing of the Permanent Court of Arbitration (PCA),
the oldest existing dispute settlement institution in international
law. As the calls for the development of new and more appropriate
methods for dispute settlement in international law increased
during the 1990s, the PCA undertook a structural reform and is
today a vital forum for dispute settlement, with scores of
arbitrations currently pending under its auspices. This book - the
most comprehensive study of the institution to date, covering its
history, its present status, and its future prospects - proves the
PCA's contemporary relevance within the international dispute
settlement framework. Among aspects of the PCA's work covered are
the following: how public international arbitration functions in
comparison to other means available for dispute settlement in
international law; the PCA's historical contributions to the
current dispute settlement framework; arbitrations between a state
and a non-state actor that are in whole or in part governed by
public international law; the fields in which public international
arbitration plays a revived role; the PCA's present-day
institutional framework and its current activities; the prospects
for public international arbitration and the PCA in the dispute
settlement framework of the twenty-first century; and proposals to
increase the PCA's activities in future and to sustain and enhance
the institution's ongoing revitalization.
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