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15 Melb. J. Int'l L. 1 (2014)

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    100 YEARS OF INTERNATIONAL ARBITRATION AND
                              ADJUDICATION

                                KENNETH KEITH*


   On 28 August 1913, the Peace Palace in The Hague was opened in the
presence of Queen Wilhelmina. Andrew Carnegie, the Scottish American
philanthropist who provided the major funding for the building, recorded in his
diary that evening that

      [n]othing he [man] has yet accomplished equals the substitution for war, of
      judicial decisions founded upon International Law, which is slowly, yet surely, to
      become the corner stone, so long rejected by the builders, of the grand edifice of
      Civilization.1

   The Peace Palace was built to house the Permanent Court of Arbitration
('PCA'), which was established by the Hague Conventions for the Pacific
Settlement of International Disputes.2 It was said of that body that it 'is not
permanent because it is not composed of permanent judges; it is not accessible
because it has to be constituted for each case; it is not a court because it is not
composed of judges' . Neither did it arbitrate. Rather it was a secretariat with a
list of possible arbitrators if states in dispute were willing to agree to use its









    Judge, International Court of Justice. Based on addresses given in Wellington on 27 August
    2013 and as the Seabrook Chamber Lecture in Melbourne on 4 September 2013 to mark the
    centennial of the opening of the Peace Palace in The Hague. In delivering the lecture in
    Melbourne, I recalled my long and valuable connection from the 1960s to members of the
    Law Faculty in Melbourne, including Sir David Derham, Dr Peter Brett, Sir Zelman Cowen
    and Sir Kenneth Bailey, who had been Dean in the 1930s. I also mentioned the excellent
    conference at the University held in the lead up to the 1999 Conference in The Hague,
    marking the centennial of the 1899 Conference, organised by Sir Ninian Stephen, Professor
    Michael Crommelin and Professor Tim McCormack, all of whom attended the 2013
    address. See Timothy L H McCormack, Michael Tilbury and Gillian D Triggs (eds) A
    Century of War and Peace: Asia Pacific Perspectives on the Centenary of the 1899 Hague
    Conference (Kluwer Law International, 2001) 269. Many thanks to Amelia Keene for
    research assistance and to Dr Liesbeth Lijnzaad for comment.
  1 Andrew Carnegie, quoted in Arthur Eyffinger, The Peace Palace: Residence for
    Justice - Domicile of Learning (Carnegie Foundation, 1988) 110.
  2 Convention for the Pacific Settlement of International Disputes, opened for signature 29
    July 1899 (entered into force 4 September 1900); Convention for the Pacific Settlement of
    International Disputes, opened for signature 18 October 1907 (entered into force 26 January
    1910) ('Hague I').
  3 James Brown Scott, 'Address to the Ninth Meeting' (Speech delivered at the Second
    International Peace Conference, The Hague, 1 August 1907) in James Brown Scott (ed), The
    Proceedings of the Hague Peace Conferences: Translation of the Official Texts (Oxford
    University Press, 1921) vol 2, 319. F F de Martens also delivered a speech at the same
    conference in which he said that '[t]he Court of 1899 is but an idea which occasionally
    assumes shape and then again disappears': at 327.


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