(Source: MPI Luxembourg)
The Max Planck Institute in Luxembourg is organizing a
conference on mixed arbitral tribunals.
The creation of a system of Mixed Arbitral Tribunals (MATs)
was a major contribution of the post-WWI peace treaties to the development of
international adjudication. Numerically speaking, the 36 MATs were undoubtedly
the busiest international courts of the interwar period. Taken together, they
decided on more than 70,000 cases, mostly covering private rights. This
caseload is even more impressive if one considers that their existence
generally did not exceed 10 years, as most of the MATs were discontinued pursuant
to the 1930 Young Plan. The MATs are similarly remarkable from a procedural
point of view. First, their respective rules of procedure were so detailed that
contemporaries described them as 'miniature civil procedure codes'. Second, in
a departure from most other international courts and tribunals, they also
allowed individuals whose rights were at stake to become involved in the
proceedings before them. Although the MATs failed to produce a universally
consistent body of case-law, their collection of published decisions was a
major source for legal doctrine in the 1920s and 1930s and remains of interest
for international lawyers today. The MATs themselves served as a source of
inspiration for other international and supranational courts and tribunals,
including the European Court of Justice. Their example might similarly inspire
potential future negotiations over institutionalized investment tribunals.
And yet, like many other international 'experiments' of the
interwar period, the MATs are often barely mentioned in post-WWII accounts of
international law. Despite (or perhaps because of) the amount of cases they
handled and the vastness of archival records they generated, they have not
given rise to a single major monograph after 1945.
By organizing a conference specifically dedicated to the
MATs and their impact on international adjudication of private rights, the Max
Planck Planck Institute Luxembourg for Procedural Law would like to shed new
light on this often overlooked chapter in the history of international law.
Thursday, 22 October 2020
14:00 Welcome
coffee
14:30 Welcome
Address: Prof. Hélène Ruiz Fabri & Dr Michel Erpelding (MPI Luxembourg)
14:45 Session 1: A
New Form of International Adjudication: The MATs in Context
Introductory Speaker: Dr Jakob Zollmann (WBZ Berlin Social
Science Center)
Speakers:
Dr José Gustavo Prieto Munoz (University of Turin)
Mexican Claims Commissions and Caudillos in the 20th
Century: The Legitimacy for International Adjudication in Latin America
Mr Willem Theus (Catholic University of Leuven - KUL)
There and Back Again: From Consular Courts Through Mixed
Arbitral Tribunals to International Commercial Courts
Chair: Dr Jakob
Zollmann (WBZ Berlin Social Center)
16:15 Coffee break
16:45 Session 2:
Identifying the Claimants: The MATs and the Nationality of Private Persons
Speakers:
Dr Jakob Zollmann (WBZ Berlin Social Science Center)
The Mixed Arbitral Tribunals and Citizenship. Histories of
Nations, Autonomy and Anger, 1919 to 1930
Mr Momchil L. Milanov (University of Geneva)
Splitting the Atom of Nationality: The Mixed Arbitral
Tribunal for Upper Silesia and the Emergence of Citizenship in International
Law
Prof. Emanuel Castellarin (University of Strasbourg) *
The Mixed Arbitral Tribunals and the Nationality of Legal
Persons
Chair: AG Maciej
Szpunar (Court of Justice of the European Union) TBC
18:00 Reception
Friday, 23 Octoer 2020
Morning session
09:00 Welcome
coffee
09:30 Session 3:
Arbitrators as Peacemakers: The Case of Prof. Paul Moriaud (1865-1924)
Speakers:
Dr Pascal Plas (University of Limoges)
Paul
Moriaud, la paix par l'arbitrage, L'homme, les réseaux, les idées (FR)
Prof.
Jacques Péricard (University of Limoges)
Paul
Moriaud et la mise en oeuvre des Tribunaux arbitraux mixtes (FR)
Dr Michel
Erpelding (MPI Luxembourg)
Paul Moriaud, the German-Belgian MAT, and the Case of the
Belgian Deportees
Chair: Prof.
Emmanuel Decaux (OSCE Court of Conciliation and Arbitration)
11:15 Coffee break
11:45 Session 4:
Arbitral Awards as Sources of International Law: Assessing the Impact of the
MATs' Case-Law
Speakers:
Mr Guillaume Guez (University of Geneva; Sorbonne Law
School)
The Contribution of the MATs to the Law of Treaties
Dr Mateusz Piatkowski (University of Lodz)
The MATs and the Law of Air Warfare: The Tragic Impact of
the Awards in Coenca Brothers and Kiriadolou
Chair: Prof. Hélène Ruiz Fabri (MPI Luxembourg)
13:00 Lunch break
Afternoon session
14:00 Session 5:
The MATs and the Protection of Private Property: From the Interwar Period to
Present-Day Debates on Investor-State Arbitration
Speakers:
Dr Marilena Papadaki (University of Athens)
The Romanian-Hungarian MAT: Protection of Enemy Private Property,
Questions of Jurisdiction, and the Council of the League of Nations
Prof. Maja Stanivukovic & Dr Sanja Djajic (University of
Novi Sad)
Something Old, Something New: The 1930 Reform of the Trianon
MATs and the Contemporary Discussion of the Appeal Mechanism in Investment
Arbitration
Dr Jarrod Hepburn (University of Melbourne)
Investment Treaty Arbitration and the Nascent Legacy of the
MATs
Chair: Porf. Hans
Van Houtte (Catholic University of Leuven (KUL) / Iran-United States Claims
Tribunal)
15:45 Concluding
Remarks: Prof. Burkhard Hess (MPI Luxembourg)
More info here
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