Role of Arbitration in Recent International Multilateral Treaties (From Resolving Transnational Disputes Through International Arbitration, P 21-38, 1984, Thomas E Carbonneau, ed. - See NCJ-98767)

• NCJ Number: 98770
• Author(s): L B Sohn
• Date Published: 1984
• Length: 18 pages
• Sale Source: University Press of Virginia
• Language: English
• Country: United States of America

Annotation

This paper discusses the use of arbitration in interpreting codificatory and multilateral treaties, the codification of arbitral rules by the International Law Commission, types of arbitral tribunals, and dispute settlement clauses in the Law of the Sea.

Abstract

The first section discusses the protocol for dispute settlement specified for interpreting codificatory treaties as specified in conventions for the codification and development of international law prepared by the International Law Commission. Dispute settlement provisions are described for the 1958 Conventions on the Law of the Sea, as well as for treaties constructed under the provisions of the Vienna Conference on the Law of Treaties in 1968-69. Other dispute settlement provisions are described for the 1975 Convention on the Representation of States in Their Relations with International Organizations. A brief section on arbitration's role in the interpretation of multilateral treaties notes an increase in reliance on arbitration for interpreting and applying treaty provisions. The arbitral rules codified by the International Law Commission are outlined, followed by brief descriptions of the four basic types of arbitral tribunals used in multilateral treaties. The four types of arbitral tribunals are (1) a single arbitration, (2) a tribunal of three members composed of one arbitrator selected by each side and one neutral member, (3) a tribunal of five members composed of one arbitrator selected by each side and three neutral members, and (4) a tribunal of five members composed of two arbitrators selected by each side and only one neutral member. The final section of the paper describes the dispute settlement procedures for dealing with disputes pertaining to the Law of the Sea. The concluding statement notes that although there is still some reluctance to accept an advance commitment to arbitration resulting in a binding decision, greater use might by made of optional clauses allowing states to choose between a binding decision and an advisory opinion. Sixty-nine footnotes are provided.