History of the Permanent Court Arbitration (PCA)
Important development is characterized by the use of arbitration convening of the Hague Peace Conference in 1899 and I Den Haag II Conference in 1907. The results of the Conference I, the Hague Convention of 1899 until the end of 1996, there were 68 countries have ratified it. For the Hague Convention II of 1907, 64 countries have ratified it. Indonesia up to now have not or have not ratified the convention.
Motif actually two conferences this peace is inseparable from the interests of promoting arbitration. Peace Conference was held because of, among others, encouraged by the increasingly widespread use of arbitration in the 19th century. In addition, the international community also indicates a desire at that time was to make arbitration as a permanent body. Both the Conference seeks to codify the provisions of existing international law on arbitration. After codification, they hope to develop it later. The first conference was attended by 26 countries. The second conference was attended by 44 countries. Both conferences generate and validate the Convention for the Pacific Settlement of International Disputes dated July 29, 1899 and dated October 18, 1907.
One of the most important results of the Hague Conference was the establishment of the Permanent Court of Arbitration (PCA). PCA based on building the Peace Palace, The Hague Belanda.22 establishment of arbitration is a remarkable achievement of the international community. This permanent arbitration body, at the time, an arbitration tribunal to settle the first inter-state disputes
2. Basic Legal Permanent Court of Arbitration (PCA)
Permanent Court of Arbitration has the legal basis of the two conventions on the peaceful settlement of international disputes is
• Convention for the pacific settlement of International Disputes of 29 July 1899
• Convention for the pacific settlement of International Disputes of 18 October 1907.
3. Organizational Structure Permanent Court of Arbitration (PCA)
Organizational structure of the Permanent Court of Arbitration (PCA) is composed of international agencies and the administrative council. International agencies is composed of the Secretary-General and his staff that, in practice, should the Dutch nationality. Elected general secretary of the administrative council. It contains the administrative council of state, diplomatic representatives of States that signed the convention on the Dutch foreign minister as president of the administrative council. Duties of the administrative council is to provide direction and supervision of international agencies and also improve the quality of the cooperation of international agencies and annually submit its report to the member states Permanent Court of Arbitration (PCA) is.
PCA has a panel of arbitrators who are called by Members of the court. It is composed of 260 arbitrators. They are the leading legal experts from member countries of the PCA.
4. Legal authority of the Permanent Court of Arbitration (PCA)
The legal authority of the Permanent Court of Arbitration (PCA) is examining the case the application of the decision (award) between the two countries signed the convention above, if the issue can not be resolved through diplomatic channels.
Special authority Permanent Court of Arbitration (PCA) resolve disputes among countries members of the PCA. Or disputes between member states PCA PCA with non member states. The first case is handled by the PCA is the Pious Fund Arbitration 1907.
5. Case handling procedures at the Permanent Court of Arbitration (PCA)
Procedures for handling cases in the PCA carried out through the following ways:
• Filing a lawsuit in writing.
• At the public hearing phase of the trial judge may declare PCA public session depending on the agreement of the parties to the dispute. At this stage of the trial judge may adjourn the PCA if the parties did not attend the court in advance or do not appoint their representatives.
• Implementation of the decision of the PCA to the dispute shall be examined immediately executed (tie) with respect the national laws of member countries.
