{"id":74231,"date":"2020-12-24T18:03:51","date_gmt":"2020-12-24T12:33:51","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=74231"},"modified":"2021-06-17T20:45:23","modified_gmt":"2021-06-17T15:15:23","slug":"permanent-court-of-arbitration-pca","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/permanent-court-of-arbitration-pca\/","title":{"rendered":"Permanent Court of Arbitration (PCA)"},"content":{"rendered":"

Indian government has lost an arbitration case in Permanent Court of Arbitration, to energy giant Cairn Plc over the retrospective taxation, India has to pay damages worth Rs 8,842 crore ($1.2 billion) to the UK firm.<\/p>\n

This was a Second such case in which India lost with respect to retrospective taxation after the arbitration case of Vodafone Plc.<\/p>\n

There are three major Judicial organizations in the world. The major difference between them is listed in the table below.<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Topic<\/strong><\/td>\nICJ (International Court of Justice)<\/strong><\/td>\nICC (International Criminal Court)<\/strong><\/td>\nPCA (Permanent Court of Arbitration)<\/strong><\/td>\n<\/tr>\n
Established under<\/strong><\/td>\nEstablished under UN Charter 1945 (which also established UNSC) to act as a principal Judicial organ of UN<\/td>\nSetup under Rome Statute in 1998<\/td>\n\u00a0Established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 and the convention revised in second Hague Peace Conference in 1907.<\/td>\n<\/tr>\n
Head Quarters<\/strong><\/td>\nHague, The Netherland<\/p>\n

(Only principal UN organ not located in New York)<\/td>\n

Hague, The Netherland<\/td>\nHague, The Netherland<\/td>\n<\/tr>\n
Membership<\/strong><\/td>\nMembers of UN automatically becomes the member of ICJ<\/td>\nThe nations have to sign and ratify the Rome Statute to become the member of ICC<\/td>\nThe nations have to sign and ratify any one of the above conventions to become a member of PCA<\/td>\n<\/tr>\n
Capacity<\/strong><\/td>\nCivil court<\/td>\nCriminal Court<\/td>\nArbitration tribunal<\/td>\n<\/tr>\n
Area of function<\/strong><\/td>\n\u00a0ICJ Settles legal disputes between Nations only. <\/strong>ICJ settle disputes on issues of Sovereignty, trade, treaty violations and interpretations, etc.<\/td>\nICC Tries Individual only<\/strong> for the crimes like Genocide, war crimes, crimes of aggression and crimes against humanity.<\/td>\nPCA settles disputes between member states, International organizations or private parties, like territorial and maritime disputes, sovereignty, human rights, International investments and regional trade etc.<\/td>\n<\/tr>\n
Jurisdiction <\/strong><\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Once the country accepts UN intervention then the judgement is binding.<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Judgments given in contentious cases between states are also binding in nature<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Court also gives advisory opinions to the Council, the General Assembly and other authorized bodies on legal questions referred to it by these entities<\/td>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Co-operation of non-party state is voluntary.<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the case is referred by UNSC then the judgement is binding on all UN members<\/td>\n

Rulings are binding in nature. But the PCA has no powers to enforce the rulings.<\/td>\n<\/tr>\n
Relationship with UN<\/strong><\/td>\nNot Applicable (Principal Judicial organ of UN)<\/td>\nObserver Status in UN<\/td>\nObserver Status in UN<\/td>\n<\/tr>\n
Members<\/strong><\/td>\n15 members elected for 9 years.<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 To get elected candidate has to get absolute majority in UNGA and UNSC<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 5 Judges are elected for 3 year once<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 No two Judges can be from same nationality<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Members can be re-elected<\/td>\n

18 judges elected among member countries<\/td>\nNo sitting judges for the organization. Parties select their arbitrators<\/td>\n<\/tr>\n
Specialty<\/strong><\/td>\nAs it is the UN principal judicial organ it is called as \u201cworld court\u201d<\/strong><\/td>\nWorlds first Permanent Criminal Court.<\/p>\n

The ICC is a court of last resort<\/strong>. It acts essentially as a safety net when national courts are unable to prosecute, either because the criminal justice system is unequipped or collapsed, or because the perpetrators continue to wield influence over the government<\/td>\n

First permanent intergovernmental organization to provide arbitration<\/td>\n<\/tr>\n
Membership of India<\/strong><\/td>\nIndia is a member of UN so India is a member of ICJ also.<\/p>\n

Indian Judge Dalveer Bhandari was re-elected in 2018.<\/p>\n

 <\/td>\n

India is not a signatory to Rome Statute<\/td>\nIndia is member of PCA. India ratified the 1899 convention in 1950.<\/td>\n<\/tr>\n
Few important cases related to India<\/strong><\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Kulbhushan Jadhav case \u2013 India <\/strong>approached ICJ against Pakistan denying India, its right of consular access to Jadhav that is in violation of the Vienna Convention. ICJ ruled Pakistan to provide access and to review the sentence of Kulbhushan Jadhav.<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Right of Passage over Indian Territory (Portugal v. India) 1954 \u2013 Provided then Portugese territories Dadra and Nagar-Aveli the right to passage but the right did not extend to armed forces, armed police, arms and ammunition<\/td>\n

Not applicable as the Jurisdiction is limited to individual<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Enrica Lexie case<\/strong> – A dispute about a shooting by two Italian marines<\/strong> off the western coast of India. The Tribunal ruled Italy to compensate India.<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Bangladesh v. India (Bay of Bengal Maritime Boundary) <\/strong>case – tribunal awarded Bangladesh 19,467 sq. km of the 25,602 sq. km sea area of the Bay of Bengal. India accepted the terms.<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The recent Cairn Plc case and Vodafone Plc case \u2013 India lost both the cases and asked to pay compensation.<\/p>\n

 <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Indian government has lost an arbitration case in Permanent Court of Arbitration, to energy giant Cairn Plc over the retrospective taxation, India has to pay damages worth Rs 8,842 crore ($1.2 billion) to the UK firm. This was a Second such case in which India lost with respect to retrospective taxation after the arbitration case… Continue reading Permanent Court of Arbitration (PCA)<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1351,1310],"tags":[1420],"class_list":["post-74231","post","type-post","status-publish","format-standard","hentry","category-daily-news","category-daily-news-updates","tag-ir_3","entry"],"jetpack_featured_media_url":"","views":{"total":13,"cached_at":"","cached_date":1698475893},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/74231","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=74231"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/74231\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=74231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=74231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=74231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}