ARBITRATION IN ANCIENT-GREECE

The broad example provided by Greece of the fifth century B.C. helps t o explain the value of resolving disputes between nations by mediation and arbitration, according to the authors. Expanding Hellenic commerc ial influence led to the use of arbitration for commercial disputes an d to disputes over territorial boundaries, land use, and treaties. Yet , this inclination to resolve disagreements through the application of principles of judicial equality and reciprocity was sorely tested by the conflicting interests of adversarial city-states riddled with mutu al suspicion and animosity. This failure on the part of Greece to dupl icate its domestic arbitral success in the realm of intercity-state re lations led to its ultimate demise at the hands of the emerging Macedo nian empire of Philip and Alexander the Great. Twenty-five centuries l ater, the Athenian experience remains instructive, say the authors. Fo r perceived concerns about sovereignty and other reasons, we are still reluctant to institutionalize the arbitral resolution of disputes bet ween nations on an automatic and continuing basis. ''Failure at this j uncture to take meaningful steps to address this problem ... could hav e future global repercussions,'' they warn.