The International Court as Constitutional Court and the Blurring of the Arbitral/Judicial Processes

Abstract

The institutionalization of international conflict-resolution on a third-party basis, with the creation of a Permanent Court of Arbitration, was one of the high hopes of the political leaders at the First Hague Peace Conference in 1899. In the early phase, from creation of the Court in 1902 until the outbreak of World War I in 1914, 17 cases were initiated before the Court. There was a quite understandable gap, through the War years, until 1921; and then, in the decade until 1931,7 further cases were brought before the Court. This was followed by another awkward hiatus as to cases throughout the 1930s, apparently because of the renewed international tensions in Europe that culminated in World War II. There were no cases before the Court during the War years, the seat of the Court being under belligerent occupation for most of that time. The fact remains, however, that since World War II and, indeed, since 1931, there have been only two cases (both minor ones) brought before the Court, (or three, if we accept the Court Registry's retroactive classification, in its 1990 Annual Report, of the continuing Iran-US Claims Tribunal, which had begun its work in 1981, as one of its own cases).