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does PCA works under the aegis of UN??it was formed much before UN came into being bt it follows UNCLOS while delivering verdict..however many newspapers are terming it UN tribunal bt vision says in test 23 that it does not work under the aegis of UN..Can someone please clear the doubt
It does not come under UN. ICJ is the designated judicial system under UN.
Parties themselves select the arbitrators for PCA.
Go through this write-up:
What is the difference between the Permanent Court of Arbitration (PCA) and the International Court of Justice (ICJ)?
The PCA is not a court, but rather an organiser of arbitral tribunals to resolve conflicts between member states . While ICJ is the primary judicial branch of the United Nations (UN)
"Unlike the International Court of Justice, the Permanent Court of Arbitration has no sitting judges: the parties themselves select the arbitrators.
Permanent Court of Arbitration are held in private and are confidential.
The PCA also provides arbitration in disputes between international organisations and between states and international organisations.
PCA Ruling is binding and final but since no further mechanism to enforce it , ruling becomes difficult to enforce While ICJ Ruling in Contentious issue is binding to the party. India - Bangladesh maritime Dispute was resolved via PCA.. India unlike CHINA accepted the Ruling which went in favor of Bangladesh...
The key principle is that the ICJ has jurisdiction only on the basis of consent of the party.
Note : Article 94 establishes the duty of all UN members to comply with decisions of the ICJ involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. There are obvious problems with such a method of enforcement.
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Comments
Parties themselves select the arbitrators for PCA.
Go through this write-up:
What is the difference between the Permanent Court of Arbitration (PCA) and the International Court of Justice (ICJ)?
The PCA is not a court, but rather an organiser of arbitral tribunals to resolve conflicts between member states . While ICJ is the primary judicial branch of the United Nations (UN)
"Unlike the International Court of Justice, the Permanent Court of Arbitration has no sitting judges: the parties themselves select the arbitrators.
Permanent Court of Arbitration are held in private and are confidential.
The PCA also provides arbitration in disputes between international organisations and between states and international organisations.
PCA Ruling is binding and final but since no further mechanism to enforce it , ruling becomes difficult to enforce While ICJ Ruling in Contentious issue is binding to the party.
India - Bangladesh maritime Dispute was resolved via PCA.. India unlike CHINA accepted the Ruling which went in favor of Bangladesh...
The key principle is that the ICJ has jurisdiction only on the basis of consent of the party.
Note : Article 94 establishes the duty of all UN members to comply with decisions of the ICJ involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. There are obvious problems with such a method of enforcement.
Below document from UN site.
http://www.un.org/depts/los/general_assembly/contributions_2015_2/PCA_Contribution.pdf