The Permanent Court of Arbitration (PCA) is an international organization aimed at the pacific settlement of international disputes with an original mandate to facilitate conflicto resolution between States and State entities. The last decade, the activity of the court has increased significantly, and its presence has expanded through various Host Country Agreements. However, the international community in general, and academic doctrine in particular, have paid little attention to the paramount importance of the court`s activities in the preservation of global peace and security through diplomatic and legal channels.
A relevant reason for the constant challenges to the international legal order may be related with the lack of commitment and knowledge by diplomats, officials and representatives of states of the proper use of the mechanisms available to resolve international conflicts. In this sense, the PCA is a fundamental institution that puts at disposal of State parties the adequate methods to prevent the escalation of transnational disputes. Therefore, its informative, advisory and adjudicative functions require scientific analysis.
The objective of the present thesis is to study the evolution of the court throughout its centennial existence, from its foundations at The Hague Peace Conferences in 1899, its influence in the inclusion of the “means of dispute settlement” in the Charter of the United Nations, and its significant arbitral activity, managing interstate cases through the UNCITRAL Arbitration Rules and the PCA Arbitration Rules.
Furthermore, the present research reviews the contribution of the arbitral tribunals constituted under the PCA’s institutional framework, in the development of principles of international law, such as territorial sovereignty, state responsibility and treaty interpretation. Finally, the tesis outlines the ongoing State-State cases administered by the court and its prospects.
Through a dogmatic-legal method, the research aims to shed light on the historical and institutional particularities of the PCA, as well as in the current “reawakening” of the court after a period of inactivity, specifically focusing on interstate arbitration.