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European Observer on fundamental right's respect

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Other Decisions GOS-SPLM/A Final Award (22/07/2009)

Authority: Permanent Court of Arbitration

Date: 07/22/2009

Subject: The Tribunal at the Permanent Court of Arbitration in The Hague has decided the long-running dispute between the Government of Sudan and the Sudan People’s Liberation Movement/Army on delimiting the Sudanese Abyei Area. The Parties had agreed to submit their dispute to the Court as to whether or not the experts of the Abyei Boundaries Commission (the“ABC” Experts), established pursuant to the Comprehensive Peace Agreement signed by the Parties on January 9, 2005 (“CPA”), exceeded their mandate, whereas the ABC Experts adopted a primarily “tribal” interpretation of their mandate in contrast with the different essentially "territorial" interpretation given by the Sudanese Government. The Tribunal, by its final and binding decision, has found that the ABC Experts did not exceed their mandate, because the accomplished interpretative choice appears reasonable in light of the historic facts and the specific and crucial function exercised within the Sudanese peace process. The Tribunal has also decided that the ABC Experts were in excess of mandate regarding their decision in certain areas of its implementation. Specifically, the ABC Experts failed to state sufficient reasons concerning some aspects of their conclusions and for these reasons the Tribunal has directly proceeded to define (i.e. delimit) on map the boundaries of the Abyei Area.

Parties: Governo del Sudan e Movimento Armato di liberazione popolare del Sudan

Original language: English

Classification: General theme

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