The Eritrea-Yemen Arbitration Awards 1998 and 1999

ISBN-13: 9789067049924 / Angielski / Miękka / 2014 / 573 str.

Permanent Court of Arbitration

Opis

In 1997, the arbitral tribunal established to resolve a dispute between Eritrea and Yemen invited the Permanent Court of Arbitration (PCA) to act as its Registry. This first major international arbitration to be administered by the PCA in decades marked a watershed in the process of revitalizing the nearly century-old organization. A mere eight years later, the PCA has a full and varied docket, not limited to disputes between sovereign States, involving parties of many different nationalities. These include a dispute between the Swiss-based Bank for International Settlements and its private shareholders, two tribunals established under the OSPAR and UNCLOS Conventions in a dispute between Ireland and the United Kingdom, an investment dispute involving a subsidiary of a major Japanese concern and the Czech Republic, and the Boundary and Claims Commissions established by the peace treaty between Eritrea and Ethiopia. By the time the second Eritrea-Yemen award was delivered in December 1999, the PCA had celebrated its centenary and effectively transformed itself from the sleeping beauty of the Peace Palace into a dynamic institution for the resolution of all types of inter-governmental and international disputes, with an expanded staff representing over ten different nationalities. The importance of the Eritrea-Yemen Arbitration, however, extends far beyond its contribution to the comeback of the PCA."

Spis treści

The Eritrea-Yemen Arbitration / L’Arbitrage Erythree-Yemen.- Award of the Arbitral Tribunal in the First Stage of the Proceedings (Territorial Sovereignty and Scope of the Dispute) / Sentence rendue par le Tribunal arbitral dans la première étape de la procédure (Souveraineté territoriale et champ du différend).- Award of the Arbitral Tribunal in the Second Stage of the Proceedings (Maritime Delimitation) / Sentence rendue par le Tribunal arbitral dans la deuxième étape de la procédure (Délimitation maritime).  

Blurb

With a Foreword by Tjaco T. van den Hout, Secretary-General, Permanent Court of Arbitration

The Eritrea-Yemen Arbitration (1998-1999) is in more than one respect one of the most significant international arbitrations of the end of the twentieth century. It solved the problem of ownership of the southern islands of the Red Sea, the solution of which had been awaited since the end of the First World War. With its recognition of a ‘traditional fishing regime’ and crystallization of the criteria for maritime delimitation, it also made a significant contribution to the development of international law. In the recent case concerning Maritime Delimitations and Territorial Questions between Qatar and Bahrain the awards were cited by the International Court of Justice.

This unique bi-lingual edition brings together in both English and French the two awards rendered in the Eritrea-Yemen Arbitration. In a succinct yet thorough introduction, Jean-Pierre Queneudec, Professor emeritus at the University of Paris I, has distilled the essence of the awards and their contribution to international legal discourse.