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arbitration, international

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arbitration, international, judicial process by which international disputes, usually between states, are settled peacefully, generally through the use of a tribunal acting as a court of law. Such a tribunal may consist of an individual (e.g., an impartial head of state, the pope, the secretary-general of the United Nations), a neutral country, or an organization such as the Hague Tribunal. The parties to the dispute pick the arbitrating body themselves and are obligated to accept the terms of settlement. If the parties do not agree in advance to follow the decision reached by a third party, but merely agree to consider it, the process is termed conciliation (see mediation mediation, in law, type of intervention in which the disputing parties accept the offer of a third party to recommend a solution for their controversy. Mediation has long been a part of international law, frequently involving the use of an international commission,
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). Arbitration was practiced by the Greek city-states, and in the Middle Ages high ecclesiastical authorities were called upon to settle controversies. With the development of the modern system of nation-states, however, arbitration was less frequently used until the 19th cent. when the settlement by arbitration of the famous Alabama claims Alabama claims, claims made by the U.S. government against Great Britain for the damage inflicted on Northern merchant ships during the American Civil War by the Alabama
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 case between the United States and Great Britain brought this practice back into general use. Great advances have been made since then, most notably in the establishment of a Permanent Court of Arbitration (the Hague Tribunal Hague Tribunal, popular name for the Permanent Court of Arbitration established in 1899 by a convention of the First Hague Conference. Its headquarters are at The Hague, the Netherlands. In 1998 there were 88 countries adhering to the tribunal's conventions.
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) by the Hague Conferences Hague Conferences, term for the International Peace Conference of 1899 (First Hague Conference) and the Second International Peace Conference of 1907 (Second Hague Conference). Both were called by Russia and met at The Hague, the Netherlands.
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. Functions analogous to arbitration were performed by the Permanent Court of International Justice (see World Court World Court, popular name of the Permanent Court of International Justice, established pursuant to Article 14 of the Covenant of the League of Nations. The protocol establishing it was adopted by the Assembly of the League in 1920 and ratified by the requisite number
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) under the League of Nations and have now been transferred to its successor, the International Court of Justice International Court of Justice, principal judicial organ of the United Nations, established by chapter 14 of the UN Charter. It superseded the Permanent Court of International Justice (see World Court ), and its statute for the most part repeats that of the former
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. Today many treaties contain clauses providing for arbitration or conciliation of disputes; the most notable of these is the Charter of the United Nations (Article 33).

Bibliography

See J. H. Ralston, International Arbitration from Athens to Locarno (1929); C. M. Bishop, International Arbitral Procedure (1930); K. S. Carlston, The Process of International Arbitration (1946); H. W. Briggs, The Law of Nations (2d ed. 1952); J. L. Brierly, The Law of Nations (6th ed. 1963); A. Cox, Prospects for Peacekeeping (1967); R. Fisher, Improving Compliance with International Law (1981).


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