International Dispute Settlement and Collective Enforcement Functions of the Inter-State Application Approached Through Comparison

Author(s):  
Alexis Keller

This chapter identifies the principal moments when the definition of arbitration and the institutions and techniques associated with it underwent major changes. It specifically highlights inter-state arbitration, yet its proposed historical lessons illuminates the entire field of international dispute settlement. This history can be divided into five distinct moments. The first, which could be described as the ‘Greek moment’, refers to the systematic use of arbitration by Greek cities to resolve their conflicts. The second, covering the period between 1200 and 1400 ad, witnessed the emergence of the first arbitration procedures under the influence of canonical law and acknowledged the growing power of the popes in the settlement of disputes between states. The third, marked by the Jay Treaty of 1794, initiated a major turning point in the history of arbitration, as it confirmed the role of diplomatic commissions in the peaceful resolution of disputes. The fourth moment, which began with the Alabama case (1871), saw the establishment of the first impartial and independent tribunal. Finally, the fifth moment began with the setting up of the Permanent Arbitration Court in 1899 and the harmonization of arbitration procedures.


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