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International Journal of Arab Arbiration

Volume 5 - No. (4) 2013

Table of Contents

ARTICLES

Pouring Oil Onto Troubled Water – and Then Setting it Alight… The Abyei Arbitration and the Continuing Dispute in Sudan – By Stephan Wittich and Jane A. Hofbauer

ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS

The Permanent Court of Arbitration (PCA) Final Award – 22 July 2009 – THE GOVERNMENT OF SUDAN (GOS) vs. THE SUDAN PEOPLE’S LIBERATION MOVEMENT/ARMY (SPLM/A) –Abyei Area – Undelimited Area Between Sudan (GoS) and Southern Sudan (SPLM/A) – Dispute on the Ownership and Boundaries of the Abyei Area – Signature of the Abyei Protocol in 2005 – Establishment of the Abyei Boundaries Commission (ABC) for the Purpose of Demarcating the Abyei Area – Issuance by the (ABC) of a Final and Binding Report – Failure by the Parties to Approve and Implement the (ABC) Report – Signature by the Parties of a Submission Agreement in 2008 Referring Their Dispute on the Validity of the (ABC) Report to Arbitration Under the PCA Rules – Scope of the Mandate of the (ABC) and the Report’s Compliance with the Abyei Protocol – Alternative Jurisdiction of the Arbitral Tribunal to Demarcate the Abyei Area Should the Report Be Found Invalid – Constitution of an Arbitral Tribunal – Issuance of a Final Award in 2009 – Sui Generis Nature of the (ABC) – Jurisdiction of the (ABC) to Issue a Final and Binding Report Regarding the Demarcation of the Abyei Area – (ABC) Report Insufficiently Motivated with Respect to the Demarcation of the Eastern and Western Boundaries – Partial Excess of Mandate – Tribunal to Rule on the Dispute Relating to the Limits of the Eastern and Western Boundaries – Remainder of the Report Valid and Binding.
Dissenting Opinion of Judge Awn Al-Khasawneh.

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