Концепция международного арбитража и её историческое развитие

Abstract

International Arbitration is one of the oldest alternative methods of peaceful settlement of international disputes. In its modern form arbitration is a result of historical evolution. The emergence of international arbitration is indissolubly connected with the search for legal means of arbitrariness and violence limitation in international relations. Since ancient times arbitration has played an important role in the system of peaceful settlement of international disputes. The first cases of arbitration are known from the practice of the states of Ancient Greece, Ancient East and Ancient Rome. Frequent application of arbitration in the Middle Ages has resulted in the formation of a separate institute of international law. However, we can speak about the formation of the concept of modern international arbitration, only since the end of the XVIII century, i. e. after the successful arbitration settlement of the disputes concerning English-American relations on the 1974 "Jays Treaty" basis. Since that moment the arbitration registration has been involved into regular state practice. The first attempts of codification of international arbitration process norms were realized during the Hague Conferencesof 1899 and 1907. These conferences adopted the Hague conventions on peaceful settlement of 1899, 1907 international conflicts. Further development of international arbitration process was realized within the framework of the activities of the League of Nations, the UN and regional international organizations. The problem of international arbitration is becoming more topical on the eve of the Centennial of the First Peace Conference and the completion in 1999 of the UN Decade of International Law. In 1999 it is planned to hold the centennial Third Peace Conference and a number of other events on regional and international scale. The main objective of the Third Peace Conference will be the development of recommendations on the elaboration of international legal norms which have been formed on the basis of the Hague Conventions and declarations of 1899 including the norms of international arbitration process. The article analyzes all the above-mentioned aspects of historical development of international arbitration and the formation of its concept. Special attention is devoted to the potential possibilities of obligatory arbitration in the settlement of international disputes. The author assumes that it is necessary to elaborate a new multilateral legal document within the UN framework which will compensate for the drawbacks in the arbitration theory. The author believes that the 1999 centennial Third Peace Conference would contribute to this process.