GS2 – International Relations
About PCA
- Established: 1899, through the Hague Convention for the Pacific Settlement of International Disputes.
- Headquarters: The Hague, Netherlands.
- Nature: An intergovernmental organization providing a permanent forum for arbitration and other dispute resolution between States, State entities, intergovernmental organizations, and private parties.
- Membership: 122 member states (including India).
Functions
- Facilitates arbitration, conciliation, mediation, and fact-finding for resolving disputes.
- Handles disputes involving:
- Territorial and maritime boundaries.
- Sovereignty issues.
- International trade and investment.
- Human rights and environmental law.
- Provides administrative support for arbitral tribunals constituted for specific disputes.
Structure
- Administrative Council: Composed of representatives of member states; oversees policies.
- International Bureau (Registry): Secretariat providing support to arbitration processes.
- Panel of Arbitrators: Each member state nominates up to 4 persons of known competence in international law for appointment in arbitral tribunals.
India & PCA
- India is a member and has been a party in several cases:
- Indus Waters Kishenganga Arbitration (2010–2013).
- Enrica Lexie (Italian Marines) case (2015–2020).
- India–Bangladesh Maritime Boundary Dispute (2009–2014) – PCA upheld Bangladesh’s claim to over 19,000 sq. km. of disputed area.
Difference from ICJ
- PCA: Provides arbitration services, parties must consent to arbitration. Flexible and case-specific.
- ICJ: Principal judicial organ of the UN with binding jurisdiction over disputes between states.