|
Document Type |
: |
Article In Journal |
|
Document Title |
: |
International Arbitration between Yemen and Eritrea Related to The Territorial Sovereignty over the Islands Situated in the South of the Red Sea التحكيم الدولي بين اليمن وإرتريا حول السيادة الإقليمية على الجزر الواقعة في جنوب البحر الأحمر |
|
Subject |
: |
Systems |
|
Document Language |
: |
Arabic |
|
Abstract |
: |
In December 1995 Eritrean and Yemeni armed forces clashed in one of the
islands situated off the coast of these two states in the Red Sea, greater Hanish. However
behind the incident was a dispute concerning, inter alia, the territorial sovereignty over
several uninhabited islands in the area, the definition of the maritime boundary between
the two states and the use of the waters surrounding the islands by fisherman of both
states. Undoubtedly, this dispute is deeply rooted in the history of the two states and their
peoples.
The initial willingness of the two states involved to resolve the dispute peacefully
and within legal parametors seems not to have disappeared after the Award of October
9, 1998. On the contrary, soon after, the announcement of the decision by the Tribunal,
both Yemeni and Eritrean high officials expressed the intention of their states to abide by
the decision.
The Award which embodies a decision seems to achieve a well–struck balance
between individual justice and the need for predictability demand by international
society. Noteworthy, is the fact that this decision appears to have realistically taken due
account of two major facts, on the one hand, it pondered the nature of International Law,
as a legal order, where the lack of a mechanism for enforcing judicial decision which can
only be counterbalance by voluntary compliance. On the other hand, it took into
consideration the main objective of adjudication, the sound and lasting settlement of this
disputes.
The second and final phase of the settlement of this dispute dealt with the
delimitation of the maritime boundary between the two states. In principle, it is a
delimitation between opposite states, the use of the equidistance line as a point of
departure for the delimitation may not raise any controversy . The fact is that the islands
are all uninhabited and this is likely to play a crucial part in the delimitation process.
In as much as, the Award does not depart from established precedents, the context of
the International Law of Title to Territory is hereby re – averred. In view of this fact,
greater juridical weight is attributed to geographical considerations of contiguity. This
would assume the intention that formations in Territorial Sea and the Exclusive
Economic Zone should pertain presumptively to proximate coastal state. |
|
ISSN |
: |
1319-0997 |
|
Journal Name |
: |
Economics and Administration Journal |
|
Volume |
: |
16 |
|
Issue Number |
: |
2 |
|
Publishing Year |
: |
1423 AH
2002 AD |
|
Article Type |
: |
Article |
|
Added Date |
: |
Sunday, October 11, 2009 |
|