Developing the judicial habit in nuanced ways through the Abyei-Sudan case
Date
2017
Authors
McKay, J.
Editors
Segger, M.C.
Weeramantry, H.E.J.C.G.
Weeramantry, H.E.J.C.G.
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Book chapter
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Source details - Title: Sustainable development principles in the decisions of international courts and tribunals: 1992-2012, 2017 / Segger, M.C., Weeramantry, H.E.J.C.G. (ed./s), vol.11, Ch.11, pp.283-296
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Abstract
This chapter provides a detailed analysis of the Abyei adjudication which took place in 2009 before the Permanent Court of Arbitration, The Hague. 2 The arbitration was pursuant to an agreement between the Government of Sudan and the Sudan People’s Liberation Movement/Army under Article 5 of the Arbitration Agreement that had been negotiated between the Parties prior to the Division of Sudan into two countries. The Arbitration related to a conflict that was non-international in character. International law has rules to protect the environment in international conflict such as Article 23 of Hague 1V 3 . Article 55 of the Geneva Conventions of 1949 4 requires that care be taken to protect the natural environment. Indeed, the arbitration shows that there was not very much deliberate destruction of land, forestry and water assets, despite the conflict being prolonged. Instead, the issues of the arbitration concerned the long-term rights to exploit these assets (both surface and groundwater) and oil. The actual boundary line in the Abyei region was crucial, as this would have an impact on which country would own the assets.
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Copyright 2017 selection and editorial matter, Marie-Claire Cordonier Segger and C.G. Weeramantry; individual chapters, the contributors