ARBITRATION IN ANCIENT-GREECE

The broad example provided by Greece of the fifth century B.C. helps to explain the value of resolving disputes between nations by mediation and arbitration, according to the authors. Expanding Hellenic commercial influence led to the use of arbitration for commercial disputes and 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 mutual suspicion and animosity. This failure on the part of Greece to duplicate its domestic arbitral success in the realm of intercity-state relations led to its ultimate demise at the hands of the emerging Macedonian empire of Philip and Alexander the Great. Twenty-five centuries later, the Athenian experience remains instructive, say the authors. For perceived concerns about sovereignty and other reasons, we are still reluctant to institutionalize the arbitral resolution of disputes between nations on an automatic and continuing basis. ''Failure at this juncture to take meaningful steps to address this problem ... could have future global repercussions,'' they warn.