This blog post is about the difference between the New York Convention and Geneva Convention. This article will give you a basic understanding of these two conventions. The difference between New York Convention and Geneva Convention is that the former refers to one while the latter refers to four treaties plus three additional protocols that were signed in the 20th century. Let's dive deep into what they actually are.
What is the New York Convention?
The New York Convention is an international treaty that was created in 1958. It has been recognized by more than 150 countries all over the world. The convention's aim is to ensure recognition of arbitration awards made in other countries. The convention is applicable to the recognition and enforcement of arbitral awards made between two or more parties who have agreed, orally or in writing, before a competent authority that arbitration should take place on an international basis and would be governed by the New York Convention rules.
What is the Geneva Convention?
The aim of the Geneva Conventions is to provide humanitarian treatment of military personnel & civilians during an international armed conflict. The first convention was signed in 1864 with the aim of protecting the victims of war. This treaty has been updated several times since then, particularly after World War II where it became essential for all countries to protect civilians who are not fighting on the front lines. The convention has four protocols that have been ratified by 196 countries, making it the most universal and accepted international agreement relating to humanitarian treatment in wartime.
Differences between New York & Geneva Convention
Difference in purpose
The biggest difference between New York and Geneva Conventions is that they both serve different issues. Geneva convention is more inclined towards war & war crimes and thus protects the rights of civilians & war prisoners along with military personnel. New York convention on the other hand deals with arbitrage matters and has more of a role to play in resolving matters between states.
Difference in scope
The New York Convention is applicable only if both parties agree to arbitration. Whereas, under the Geneva convention, it applies even if one of the parties does not accept or has not agreed with it. The point where a party agrees on the rules of the Geneva Convention is critical because it makes a distinction between whether or not they should be recognized.
The difference in the ratification
The New York Convention has been ratified by more than 150 countries all over the world whereas, Geneva Conventions has 196 signatory parties which include almost every country except for some countries.
The Geneva Convention was formed in 1864 whereas the New York Convention came into existence about 100 years later, after World War II. The two conventions thus serve very different purposes. The Geneva Conventions are intended to protect people who do not have the weapons or defenses of soldiers, whereas the New York Convention was formed for arbitration purposes.