The PCA hosted seven International Law Seminars between 1999 to 2003, with the proceedings of each published in the seven-volume Peace Palace Papers series.
These volumes, edited by the International Bureau, incorporate papers submitted by the panelists, moderators and other eminent specialists in the particular fields of international law.
Detailed information about each volume is provided below.
For orders, contact www.kluwerlaw.com
Volume 1
Institutional and Procedural Aspects of Mass Claims Settlement Systems
This volume contains the papers emanating from the semi-annual International Law Seminars organized by the PCA in the Peace Palace. The first seminar was held on December 9, 1999, and dealt with Institutional and Procedural Aspects of Mass Claims Settlement Systems. Four speakers from Europe and the United States, recognized experts in their field, shared their practical experience with the respective systems dealing with mass claims. This volume offers the reader a bird’s-eye view of major mass claims settlement systems currently operational, and provides useful insights for persons charged with the establishment of new international claims settlement tribunals.
The following contributions make up this volume:
Paperback, ISBN 90-411-1406-8
May 2000, 194 pp.
€ 66.50 / US$ 66.50
Volume 2
International Investments and the Protection of the Environment: The Role of Dispute Resolution Mechanisms
The second volume in the PCA’s ’Peace Palace Papers’ series reproduces the papers presented at the PCA’s International Law Seminar on May 17, 2000, on the role of dispute resolution mechanisms in the field of international investment and protection of the environment. This initiative was inspired by the convergence of two recent developments: a rapid growth in direct foreign investment, and a sharp increase in environmental consciousness. Prominent experts, including the Dutch Minister for the Environment, Mr. Jan Pronk, examine the inherent conflicts between the norms that underpin both areas. This relatively unexplored field of international law is likely to become a permanent and expanding feature of the international agenda, as well as a challenge to national and international courts and tribunals. Valuable additional contributions to this publication include a detailed French summary of the seminar papers, and an elaborate set of guidelines for negotiating and drafting dispute settlement clauses for international environmental agreements.
The following contributions make up this volume:
Paperback, ISBN 90-411-1588-9
May 2001, 350 pp.
€ 80.00 / US$ 70.00
Volume 3
Arbitration in Air, Space and Telecommunications Law: Enforcing Regulatory Measures
The third volume of the PCA’s Peace Palace Papers Series, published by Kluwer Law International in February 2002, reproduces the papers presented at the Third International Law Seminar held at the Peace Palace on February 23, 2001. This Seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation ("EUROCONTROL"), addressed a topic of compelling interest to both practitioners and students of international law: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities.
In this publication, prominent experts examine the international instruments in air, space and telecommunications law and the need for a supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the roles of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement and the need for specialist expertise are also considered.
This volume also includes a French language summary of the seminar papers, and reproduces texts of the EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.
The following contributions make up this volume:
Paperback, ISBN 90-411-1773-3
February 2002, 364 pp.
€ 90.00 / US$ 90.00
Volume 4
Strengthening Relations with Arab and Islamic Countries Through International Law:
E-Commerce, the WTO Dispute Settlement Mechanism and Foreign Investment
The fourth volume of the PCA’s Peace Palace Papers Series, published by Kluwer Law International in December 2002, reproduces the papers presented at the Fourth International Law Seminar held at the Peace Palace on October 12, 2001. This Seminar, which was jointly organized with the Arab Union of International Arbitration, focused on strengthening relations with Arab and Islamic countries in three specific areas: electronic commerce, the World Trade Organization’s dispute settlement mechanisms and foreign investment. In this publication, experts from the Middle East, Europe and North America examined these and other issues from their unique perspectives. The authors point out that not only is free and liberal trade deeply rooted in the culture of Islam: Shari’a law urges the accommodation of all kinds of knowledge, including the technological environment necessary for e-commerce. They point the way to full participation by Arab and Islamic countries in the world economic community.
This volume also includes a French language summary of the papers.
The following contributions make up this volume:
Paperback, ISBN 90-411-1972-8
November 2002, 368 pp.
€ 90.00 / US$ 90.00 / £ 58.00
Volume 5
Resolution of International Water Disputes
This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar’s distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources – water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.
The following contributions make up this volume:
Paperback, ISBN 90-411-2029-7
February 2003, 456 pp.
€ 90.00 / US$ 90.00 / £ 57.60
Volume 6
Internationalization of Labor Dispute Settlement
This sixth volume of the Peace Palace Papers reproduces the presentations delivered at the Permanent Court of Arbitration’s International Law Seminar "Labor Law Beyond Borders: ADR and the Internationalization of Labor Disputes." Labor and employment issues at the international level often evoke heated emotions, which tend to darken the bright horizon of globalization propounded by advocates of unrestricted economic development. It is essential to find a balance between core labor rights and labor market flexibility, as both are necessary ingredients for healthy economic and social development. One important tool in promoting the amicable development of these interests is effective dispute resolution. There are problems both of access and accountability in this realm – access for individuals to a process by which the violation of labor rights may be redressed, and accountability for multinational corporations who may violate those rights, or states who may neglect to enforce them. The illustrious Seminar panelists whose papers appear here explored a range of questions vital to the current dialog on the use of alternative dispute resolution methods in international labor law. For instance, how can individuals gain access to enforcement mechanisms to vindicate their labor rights? Will several recently concluded state-to-state labor cooperation agreements make a real difference in trade and employment negotiations in those countries, or in the observance of ILO Conventions in developing countries, or should the dispute resolution provisions in such agreements be strengthened by the inclusion of compulsory procedures? The papers in this volume examine these and a range of other important issues. The authors’ illuminating critiques and suggestions for the improvement of current dispute resolution schemes, or the design of new ones, point the way forward to a strong and egalitarian international labor law so necessary now in humanity’s era of economic globalization.
The following contributions make up this volume:
Paperback ISBN 90-411-2202-8
June 2003, 226 pp.
€ 75.00 / US$ 86.00 / £ 53.00
Volume 7
Resolution of Cultural Property Disputes
This seventh volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 7th International Law Seminar, The Resolution of Cultural Property Disputes, held at the Peace Palace in The Hague on May 23, 2003 and attended by world-renowned legal experts and professionals from art institutions.
The looting of the National Museum of Iraq in Baghdad during the Second Gulf War is only the most recent example of the depredation of cultural property that can be part of the tragic human cost of war. Brazen pillage causes the world an irretrievable loss of significant information about our universal past. Given the magnitude of the problem, it is surprising how little international jurisprudence there is in this field. Furthermore, more than 50 years on, many Holocaust-era cases of looted or stolen art remain unresolved and continue to emerge. In this volume, several authors discuss the range of resources, such as internet databases, now available for art provenance research, especially for cases related to World War II.
Cultural property disputes raise complicated questions that enter into many spheres, including history, national and international law, and of course, the marketplace. Because of the wide variety of legal norms and the cross-border nature of most cultural property claims, complicated conflict of law issues inevitably arise.
As several of the authors in this volume note and examine from various angles, cultural property claims run up against differing and sometimes prohibitive limitation periods, evidentiary standards, not to mention competing claims of good faith acquisition of property. A number of contributors note that traditional legal norms are often incapable of addressing the special problems of cultural property and recommend the institution of special arbitral regimes equipped with unique substantive and procedural rules capable of handling such cases.
The volume also contains a number of helpful Annexes, including the June 2004 decision of the U.S. Supreme Court in Republic of Austria et al. v. Altmann, which may open the doors of the U.S. court system to a variety of long-standing claims against foreign governments.
The following contributions make up this volume:
Paperback, ISBN 90-411-2288-5
2004, 463 pp.
€ 90.00 / US$ 90.00 / £ 57.60