Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-27gpq Total loading time: 0 Render date: 2024-03-28T22:35:04.083Z Has data issue: false hasContentIssue false

8 - A View from the Coal Face

The Authors of Cross-Fertilization from the Perspective of the Permanent Court of Arbitration

Published online by Cambridge University Press:  28 April 2022

Chiara Giorgetti
Affiliation:
University of Richmond
Mark Pollack
Affiliation:
Temple University, Philadelphia
Get access

Summary

This chapter focuses on one author of cross-fertilization, the Permanent Court of Arbitration (PCA). The PCA plays various roles in the development of international law. In recent decades the PCA has seen significant procedural cross-fertilization among international institutions, for example with the UNCITRAL Arbitration Rules informing the PCA’s own modern rules of procedure. PCA-administered tribunals have engaged in substantive cross-fertilization, citing ICJ decisions as well as awards issued by PCA- and ICSID-administered tribunals, among others. There are limits to the PCA’s role in cross-pollination and convergence, particularly the principle of party autonomy and and excess of mandate by the tribunal being grounds for an award to be set aside. Party-driven limits to convergence are exemplified in the high degree of variation in transparency among PCA-administered arbitrations, with proceedings ranging from the highly transparent to the fully confidential. Despite these limits, this chapter concludes that both as an actor and as a framework, the PCA serves as a mechanism whereby procedural law and substantive international law are distilled, developed, and diffused.

Type
Chapter
Information
Beyond Fragmentation
Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals
, pp. 218 - 241
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×