MODERN ULUSLARARASI TAHKİMİN GELİŞİMİNDE JAY ANDLAŞMASI’NIN YERİ

Abstract

International arbitration is one of the peaceful dispute resolution methods that aims to resolve interstate disputes through law in a final and definitive way. In these aspects, arbitration differs from other dispute resolution methods such as negotiation, mediation or conciliation. The use of arbitration in private law goes back to history. The origins of today’s international arbitration in the field of public law can be found in Ancient Greece and Ancient Rome. It is seen that the arbitration method, which was applied in different forms during the Middle Ages, lost its effectiveness after the emergence of modern states, because, as a peaceful method, international arbitration is against war, and the Modern Age is the stage of absolutist sovereign states that see war as the primary method in the resolution of disputes. In this period when Europe was in the throes of transformation, an attempt from a new continent for international arbitration changed the course of modern international judiciary. With the treaty of 1794, known by the name of US Secretary of State John Jay, the United States and Great Britain decided to establish three different commissions to settle disputes between them. The partial success of these commissions has increased the interest in the international arbitration method and the modern world, starting with North and South America, has started to resort to arbitration more frequently to solve its problems. This interest reached its peak with the 1872 Alabama Arbitration, and in the light of the work of international lawyers of this period, a consensus was reached between the participating states in the 1899-1907 Hague Conferences on the rules of international arbitration procedure and the establishment of a Permanent Court of Arbitration in order to facilitate the arbitration process. The process, which started with the Jay Treaty, served the development of the international judiciary, going up to the establishment of the Permanent Court of International Justice and other permanent courts to be established after it.