Ambassador J. Eduardo Malaya (4th from L), Acting President of the Administrative Council of the Permanent Court of Arbitration (PCA), joins Secretary General Martin Czepelak (5th from L) and the core group of states supporting a UN General Assembly Resolution to commemorate the 125th year of the establishment of the PCA at the United Nations Headquarters. Ambassador and Deputy Permanent Representative Ariel Rodelas Penaranda of the Philippine Mission to the United Nations kicks off the briefing with introductory remarks.
UNITED NATIONS, NEW YORK, 26 June 2023 – The Philippines, along with a core group of states that includes Australia, Egypt, Guatemala, Hungary, and Thailand, spearheaded a briefing – entitled “The Permanent Court of Arbitration: Then and Now” to kick off the consultations process in relation to an initiative, a United Nations General Assembly resolution to commemorate the 125th anniversary of the establishment of the Permanent Court of Arbitration. It was attended by over 100 participants composed of Permanent Representatives, Deputy Permanent Representatives, legal experts, and other guests.
The Permanent Court of Arbitration or PCA, established by treaty in 1899, is an intergovernmental organization providing a variety of dispute resolution services to the international community.
Ambassador J. Eduardo Malaya, Acting President of the Administrative Council of the PCA, along with PCA Secretary General Martin Czepelak flew in from The Hague, Netherlands especially to take part in the briefing for UN Member States.
In his introductory statement, Ambassador and Chargé d'Affaires, a.i. Ariel Rodelas Peñaranda of the Philippine Mission to the United Nations, said that the briefing aimed to revisit the PCA, its storied history, its links to the United Nations, and its role in the birth of multilateralism.
Ambassador Malaya delivered remarks and said, “The theme of this briefing, ‘PCA: Then and Now,’ is a testament to the rich history and ongoing relevance of the PCA. As will be shown in the course of this program, the PCA has successfully adapted to the changing dispute resolution needs of the international community.”
Ambassador Malaya is the first Filipino and second non-Dutch national to head the Administrative Council of the PCA.
“From what was originally intended as a mechanism for the settlement of disputes between states, the PCA now provides administrative support in arbitrations involving various combinations of states, state entities, international organizations and private parties, including in resolving certain commercial and investment disputes,” Ambassador Malaya added.
“The 125th anniversary will be an auspicious occasion to reinforce the bonds between the PCA and the United Nations, to urge greater use of the PCA’s facilities even by non-contracting parties, and encourage accession by UN Members that are not yet contracting parties in order to achieve universality of its founding Conventions,” Ambassador Malaya also said.
PCA Secretary General Czepelak expressed appreciation to the core group of Permanent Missions in New York and other like-minded Missions for pursuing a UN General Assembly resolution to commemorate PCA’s 125th anniversary. “We come here as an old, trusted friend. The PCA and UN are two organizations animated by peace…. The PCA has been busier than ever before with its increasing caseload… We are where justice calls, where peace requires. I hope that today the PCA has even become closer to the UN,” Secretary General Czepelac said.
Meanwhile, the United Nations Office of Legal Affairs (UN-OLA), through Mr. David Hutchinson, highlighted the links between the PCA and the UN.
“Throughout the last 125 years of its existence, the Court has witnessed an unprecedented number of political and economic changes that have more than once reconfigured the entire world order. It has withstood both phenomenal progress and devastating breakdowns in global cooperation,” Mr. Hutchinson said.
Mr. Hutchinson also said, “In today’s complex and volatile world, the available means for the peaceful settlement of disputes are perhaps underutilized, yet they are still indispensable. Both of our organizations, the United Nations and the Court, must work together towards the effective and legitimate resolution of international disputes, with the aim of upholding the rule of law and promoting a safer and more just world.”
Professor Harold Hongju Koh, Sterling Professor of International Law at the Yale Law School, and former Legal Adviser of the United States, keynoted the briefing with his presentation on “Academic Perspective: Permanent Court of Arbitration 1899 and the Origins of Multilateralism.” He traced the three eras in the development of the PCA: the establishment era from 1902 to 1944; the second era of 1945 to 1988 which he called the period of hibernation, and from 1988 to the present, the last 35 years, as the period of revival or Renaissance.
Professor Hongju Koh called on states for consensus on the draft resolution commemorating the anniversary, “Joining consensus is a logical and meaningful step for all law-loving nations. And you should join consensus and join because of the pivotal role of the Permanent Court of Arbitration in the past, present and future of our international legal order,” he stated.
Professor Hongju Koh also urged non-member states to accede to the 1899 and 1907 founding Conventions. “Joining this flexible but time-tested global mechanism is perhaps the best way to ensure that you have access to what has now genuinely become a Permanent Court of Arbitration. Frankly, if it didn't exist, we'd have to invent it. But happily, it is about to celebrate its 125th birthday.”
Members of the core group of the states, Ambassador and Permanent Representative of Thailand Suriya Chindawongse, Ambassador and Permanent Representative of Guatemala Carla María Rodríguez Mancia, Ambassador and Permanent Representative of Hungary Zsuzsanna Horváth, also delivered their remarks in support of the initiative. Ambassador and Permanent Representative of Egypt Osama Mahmoud Abdelkhalek Mahmoud closed the meeting by urging all Member States to support the draft resolution to mark the 125th year of the PCA. The hour-long briefing, which preceded the informal consultations on the draft resolution, was moderated by Ambassador and Deputy Permanent Representative of Australia Fiona Webster.
The PCA will celebrate its 125th Anniversary in July 2024. Created in 1899, the PCA is the precursor to any permanently constituted international court and predates most of what is now considered the international legal order. The adoption of a UNGA Resolution presents an opportunity to recognize the PCA’s significant contributions to the peaceful settlement of international disputes, the development of international law, and to world peace and stability, as well as help achieve universality for its constitutive charters, the 1899 and 1907 Conventions for the Pacific Settlement of International Disputes, and contribute to the efforts to reinvigorate and strengthen the PCA. END
Ambassador J. Eduardo Malaya (L), Acting President of the Administrative Council of the Permanent Court of Arbitration (PCA) and PCA Secretary General Martin Czepelak (R) share developments at the PCA. PCA has evolved into a modern international dispute settlement institution with one of the heaviest caseloads out of all international courts, supporting in 2022 alone 207 registry cases and handling 51 requests relating to its appointing authority functions.
The esteemed presentors and members of the core group who spoke at the briefing: (From L to R) Mr. David Hutchinson of the United Nations Office of Legal Affairs, H.E. Mr. Suriya Chindawongse, Ambassador and Permanent Representative of Thailand; Ambassador J. Eduardo Malaya (L), Acting President of the Administrative Council of the Permanent Court of Arbitration (PCA); PCA Secretary General Martin Czepelak; H.E Dr. Fiona Webster, Ambassador and Deputy Permanent Representative of Australia; H.E. Ms. Zsuzsanna Horvath, Ambassador and Permanent Representative of Hungary; Professor Harold Honju Koh of Yale Law School; H.E. Ms. Carla María Rodríguez Mancia, Ambassador and Permanent Representative of Guatemala; and H.E. Mr. Osama Mahmoud Abdelkhalek Mahmoud, Ambassador and Permanent Representative of Egypt.