United States:
The Abyei Arbitration and the Rule of Law
23 November 2017
WilmerHale
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This article examined the widely publicised international
arbitration that took place in 2008-2009 to determine the
boundaries of the Abyei region of southern Sudan in the wake of
decades of civil war. On the surface, the Abyei Arbitration is a
striking example of how arbitration can resolve even the most
intractable international disputes. But a closer examination
suggests an award that invoked principles of judicial restraint and
the rule of law, but compromised those principles by disregarding
the term of the tribunal's mandate and the thoroughly reasoned
determination by experts appointed by the parties.
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The Abeyi Arbitration and the Rule of Law, 58 Harv. Int'l
L.J. 177, 224 (2017) - originally published by
HeinOnline
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