The Relationship between the Permanent Court of Arbitration and the Permanent Court of International Justice, and Its Significance for International Law

Abstract

This chapter revisits the relationship between the Permanent Court of International Justice (PCIJ) and the Permanent Court of Arbitration (PCA), and provides a different analysis thereof. It looks at the traditional perception of the relationship, and focuses on how and why the PCA was overshadowed by the PCIJ. The chapter offers an alternative perception of the PCA. It examines the contribution that this relationship, or the co-existence of these institutions at the beginning of the 20th century, has made, bringing with it the modern notion of arbitration and its delimitation from adjudication. The chapter concludes by suggesting this contribution as an alternative, or additional, aspect under which the relationship between the PCA and the PCIJ can be seen, and by highlighting the relevance of an analysis of the relationship of these two Courts for present day international law. Keywords:international law; Permanent Court of Arbitration (PCA); Permanent Court of International Justice (PCIJ)