Resources

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Mass Claims Systems: Potentials and Pitfalls by Judge Howard M. Holtzmann
Institutional and Procedural Aspects of Mass Claims Settlement Systems: the Iran-United States Claims Tribunal, by Lucy Reed
Institutional and Procedural Aspects of Mass Claims Settlement Systems: the United Nations Compensation Commission, by Norbert Wühler
Mass Property Claim Resolution in a Post-War Society: The Commission for Real Property Claims in Bosnia and Herzegovina, by Hans van Houtte
Institutional and Procedural Aspects of Mass Claims Litigation and Settlement: The Exxon Valdez and Bhopal Gas Disaster Cases, by Kenneth F. McCallion
Arbitration Principles Prove Effective in Resolving Holocaust Bank Claims, by Lucy Reed
Annexes

Paperback, ISBN 90-411-1406-8
May 2000, 194 pp.
€ 66.50 / US$ 66.50

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Keynote Address, by Jan Pronk
Moderator’s Introduction, by Philippe Sands
The Implications of National and International Environmental Obligations for Foreign Investment Protection Standards, Including Valuation: A Report from the Front Lines, by Charles N. Brower and Eckhard R. Hellbeck
International Disciplines on National Environmental Regulation: With Particular Focus on Multilateral Treaties, by Thomas W. Wälde
International Investment and Environment Protection: Notes on the Environmental Conditions of Investments in the Oil and Mining Sectors by Mohammed Abdelwahab Bekhechi
Ensuring Proper Environmental Conduct and Avoiding Disputes Through the Use of Business Principles, by David Allwood
The Role of Dispute Settlement Mechanisms in the Protection of the Marine Environment in Cases Concerning Economic Activities in the Sea and Seabed by Tullio Treves
On the Settlement of Investment and Environment Disputes - Remarks from the Floor by Lother Günding
Recent Trends in International Water Law Dispute Settlement, by Atilla Tanzi
A Brief Practitioner’s View of Foreign Investment and International Environmental Standards: the Developing Custom of Non-State Practice, by Robert G. Volterra and Alice Bisiaux
French Summary of the Seminar
International Resolution of Environmental Disputes and the Bhopal Catastrophe, by Kenneth F. McCallion and H. Rajan Sharma
Guidelines for Negotiating and Drafting Dispute Settlement Clauses for International Environmental Agreements, by Philippe Sands and Ruth MacKenzie

Paperback, ISBN 90-411-1588-9
May 2001, 350 pp.
€ 80.00 / US$ 70.00

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Moderator’s Introduction, by Karl-Heinz Böckstiegel
International Instruments in Air, Space and Telecommunications Law: the Need for a Mandatory Supranational Dispute Settlement Mechanism, by Brian Havel
The Development of an Arbitration Policy in the Context of the Revised EUROCONTROL Convention, by Roderick van Dam
Arbitration in Aviation: The Ultimate Remedy?, by John Balfour
Arbitration in Air Law Conflicts, by Jacques Naveau
Types of Awards and Issues of Enforcement: Some Reflections on the EUROCONTROL Revised Convention, by Nicolas C. Ulmer
Enforcement of EUROCONTROL Awards: Are Honor (And Shame) Enough?, by Brian King
The European Space Agency’s Experience with Mechanisms for the Settlement of Disputes, by André Farand
Experience of the European Space Agency with Dispute Settlement Mechanisms, by Ulrike M. Bohlmann
The Various Approaches to Dispute Settlement Concerning International Telecommunications, by Alfons A.E. Noll
Pre-Arbitration Procedures and the EUROCONTROL Arbitration Mechanism, by Peter Malanczuk
Pre-Arbitration Procedures, by Jan K. Schaefer
Expedited Procedures: A Review of the EUROCONTROL Arbitration Policy, by Jacomijn J. van Haersolte-van Hof
Are Specific Fast-Track Arbitration Rules Necessary?, by Mirèze Phillippe
Arbitration and the Need for Technical or Scientific Expertise, by Gabrielle Kaufmann-Kohler
Composition of Arbitral Tribunals: The Need for Experts, by Hans van Eck
General Observations, by Gilbert Guillaume
Closing Remarks, by Karl-Heinz Böckstiegel
French Summary of the Seminar
Annexes

Paperback, ISBN 90-411-1773-3
February 2002, 364 pp.
€ 90.00 / US$ 90.00

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Opening Remarks, by Prince Dr. Bandar Bin Salman Bin Mohammad Al-Saud
General Observations, by Gilbert Guillaume
E-COMMERCE
The Potential Effect on E-Commerce: Developments on International Treaties, by Richard Naimark
Islamic Law, Globalization and Emerging E-Commerce Technologies, by Jane Winn
E-Commerce in the Arab World: Issues, Challenges and Opportunities, by Nagla Rizk
Developments in E-Commerce in the Arab World by Abdul Hamid El Ahdab
E-Commerce Through the Lens of Sharia Law, by M.I.M. Aboul-Enein
Strengthening Relations with the Arab World through Dispute Resolution, by Anthony Connerty
Doing E-Business in the European Union - The Non-Member State Perspective: A Snapshot of Private International Law
Issues in E-Commerce, by Jens Haubold
THE WTO DISPUTE SETTLEMENT MECHANISM
Islamic (Shari'a) Law and the Commitments to the World Trade Organization Agreements (A Brief Study), by M.I.M. Aboul-Enein
Benefits Gained by Joining the WTO, by Abdul Hamid El Ahdab
Peace and Prosperity Through Trade, by Debra P. Steger
The WTO Dispute Settlement System and Arab and Islamic Countries, by Peter Van den Bossche
Do Regional Agreements/Treaties Create Legal Issues Under the WTO Dispute Settlement Mechanism?, by Yves Renouf
The World Trading System, the WTO and Dispute Settlement, and Arab and Islamic Countries, by Don Wallace, Jr.
FOREIGN INVESTMENT
State Party “Investment” Disputes, by Horacio A. Grigera Naon
Foreign Direct Investment in Arab Countries: A Guide to Better Understanding Islamic Financial Doctrine, by James D. Fry and J. Michael Taylor
Is There an Arbitration Crisis in the Arab World?, by Abdul Hamid El Ahdab
Enhanced Practices for Solving Foreign Investment Disputes with Arab and Islamic Countries, by Nabil N. Antaki

Paperback, ISBN 90-411-1972-8
November 2002, 368 pp.
€ 90.00 / US$ 90.00 / £ 58.00

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
UNESCO Hydrological Programme: International Potential Conflict to Co-operation Potential Keynote Address, by Sir Robert Jennings
Resolution of International Water Disputes: Challenges for the 21st Century, by Surya P. Subedi
Water Disputes Defined: Characteristics and Trends for Resolving Them, by Stephen C. McCaffrey
The Role of Diplomatic Means of Solving Water Disputes: A Special Emphasis on Institutional Mechanisms, by Laurence Boisson de Chazournes
Universal and Regional Approaches to Resolving International Water Disputes: What Lessons Learned from State Practice?, by Patricia Wouters
Good Offices and Mediation and International Water Disputes, by Salman M.A. Salman
The Role of Third Parties in Promoting Collective Action Among Riparians, by Eyal Benvenisti
Judicial Means for Settling Water Disputes, by Lucius Caflisch
The Judgment of the International Court of Justice in the Case Concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia), by Stephen M. Schwebel
Emerging Trends in the Role of Non-State Actors in International Water Disputes, by Attila Tanzi and Cesare Pitea
Non-State Actors and International Water Disputes: A Search for the Nexus Between the Local and the Global, by Ellen Hey
Water in Times of Armed Conflict, by Mara Tignino
Resolution of Water Disputes: Lessons from the Middle East, by Edda Kristjánsdóttir
Prospects for the Future of International Water Law: the View Projected by the Epistemic Community, by Paulo Canelas de Castro
Concluding Remarks, by Philippe Sands

Paperback, ISBN 90-411-2029-7
February 2003, 456 pp.
€ 90.00 / US$ 90.00 / £ 57.60

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Keynote Address, by Cherie Booth, Q.C.
Mapping International Labor Disputes: An Overview, by Bob Hepple, Q.C.
Internationalization of Labor Disputes: Can ADR Mechanisms Help?, by Theodore J. St. Antoine
The Significance of International Labor Norms for the Settlement of Cross-Border Disputes, by Lammy Betten
Labor Relations and International Labor Rights: The Role of Private Labor Rights Initiatives, by Auret van Heerden and John Salem Shubash II
The Advantages and Disadvantages and the Potential Usefulness of Alternative Dispute Resolution of Interstate Labor Disputes, by J. Christopher Thomas, Q.C.
ADR and the Settlement of International Labor Disputes: A Proposal for Conciliation through the Permanent Court of Arbitration, by Arnold Zack
Possible Role of Optional Rules for Arbitration and/or Conciliation of Labor Disputes: Problems and Pitfalls, by Karon Monaghan
Core Labor Rights and Labor Market Flexibility: Two Paths Entwined? by Kerry Rittich
Concluding Remarks, by Julie Quinn
Labor Law Beyond Borders: General Observations for the PCA, by Arnold Zack

Paperback ISBN 90-411-2202-8
June 2003, 226 pp.
€ 75.00 / US$ 86.00 / £ 53.00

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:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Keynote Address: The Prospects for the Recovery of Cultural Heritage Looted from Iraq, by Lyndel V. Prott
Claims for Works of Art and their Legal Nature, by Wojciech Kowalski
The Resolution of Cultural Property Disputes: Some Issues of Definition by Kathryn Last
Provenance and Auction Houses, by Lucian J. Simmons
Provenance and Museums, by Nancy H. Yeide
Responding to World War II Art Looting, by Lyndel V. Prott
Recovering Looted Jewish Cultural Property by Constance Lowenthal
The Temptations of the “Total” Database, by Konstantin Akinsha
Four Levels and a Database: The Work of the Koordinierungsstelle für Kulturgutverluste and www.lostart.de, by Michael Franz
Who Wins the War against Art Booty and Art Theft?, by Thomas Wessel
Legal Issues Associated with Restitution – Conflict of Law Rules Concerning Ownership and Statutes of Limitation, by Michael H. Carl
Claims for Looted Cultural Assets: Is There a Need for Specialized Rules of Evidence?, by Hans Das
Stolen Art: The Ubiquitous Question of Good Faith, by Marc-André Renold
Litigation, The Best Remedy?, by Norman Palmer
Using Arbitral Tribunals to Resolve Disputes Relating to Holocaust-Looted Art, by Owen Pell
The Holocaust and World War II Looted Art: Arbitrated between Great Dreams and Reality, by Hannes Hartung
Closing Remarks, by Teresa Giovannini
Annexes

Paperback, ISBN 90-411-2288-5
2004, 463 pp.
€ 90.00 / US$ 90.00 / £ 57.60