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International
arbitral and judicial awards are of considerable importance,
for they are a "subsidiary means for the determination
of the rules of law" as provided in Article 38 of
the Statute of the International Court of Justice. They
are also important from the point of view of the progressive
development of international law, a task which Article
13 of the Charter places under the responsibility of the
General Assembly of the United Nations.
Prior
to the publication of the first four volumes of the
United Nations Reports of International Arbitral Awards,
there existed no systematic collection of such decisions.
Yet the need of one had been felt for a long while by
the various national and international bodies concerned
with international law and by all those interested in
its development. Accordingly, the Secretariat of the
United Nations and the Registry of the International
Court of Justice together considered what steps could
be taken to prepare such a collection.
With
regard to the first four volumes, it was, decided that,
owing in particular to the facilities offered by the
Carnegie Library in the Peace Palace, the work could
best be done in the Registry at The Hague. The International
Court authorized the Registrar to undertake it, provided
that the business of the Court itself permitted and
that the Court's responsibility as such was in no way
involved. All subsequent volumes were prepared by the
Codification Division of the Office of Legal Affairs.
It
was decided to limit the collection strictly to international
decisions, i.e. those rendered between States. Awards
between a private individual or body and a State have
been omitted. It was subsequently decided to also include
in the collection of international decisions those rendered
between States and international organizations.
At
the time of the preparation of the first volume of RIAA
in 1948, the decision was made to exclude arbitral awards
contained in highly authoritative collections which
were easily accessible at the time. However, with the
passage of time, the accessibility of the awards in
these collections has diminished since many of them
are out of print and no longer available, despite the
continuing historical and legal significance of the
awards. Therefore forthcoming volumes of the publication
will be devoted to a collection of international decisions
rendered from the late eighteenth century to the mid-twentieth
century.
In
order to preserve the accuracy of the awards the historical
names of the Parties at the time of the awards have
been retained. |