Getachew, Mesfin (2017) Examination of Abyei Arbitration Award. Masters thesis, Addis Ababa University.
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PDF (Examination of Abyei Arbitration Award)
Mesfin Getachew , LL.M thesis(Examination of Abyei Arbitration Award) June 2017.pdf - Accepted Version Restricted to Repository staff only Download (2MB) | Request a copy |
Abstract
South Sudan attained independence on 9 July 2011, from the Sudan, through the Referendum. Unfortunately, the Referendum left some issues unresolved. The status of the Abyei Area was one of such unresolved issues and, consequently, it has still remained to be a bone of contention between the new born the Republic of South Sudan and the Republic of Sudan. Historically, northern and southern Sudan was administered by one colonial authority with distinct geographical, cultural entities, despite the fact that the Sudan existed as one single state. Thus, the Abyei Area had been one of the areas of contentious during the two bloody intra-state conflicts that took place after independence of the Sudan in 1956. After the formal separation and attainment of independent statehood by the South Sudan in July 2011, the long-standing dispute over the Abyei Area became an inter-state dispute. It may be worth mentioning that the Comprehensive Peace Agreement (CPA) signed between the GoS and SPLM/A in 2005, consisting of six protocols, including the one intended to serve as a basis for subsequent settlement of the outstanding dispute of over the Abyei Area. Thus, the CPA had provided the mechanisms how to ensure conclusive delimitation and demarcation of the Abyei Area between South Sudan and the Sudan. Accordingly, the Abyei Protocol established Abyei Boundary Commission (ABC) to define and demarcate the contested Abyei Area. The ABC has delivered its final and binding report in 2005. However, the GoS had rejected the Report of ABC on the ground that the ABC had exceeded its mandate, whereas the Southern Sudan, as represented by the SPLM/A, had accepted the Report as final and binding. The dispute over this Report was lasted more than three years and resulted in eruption of war in the Abyei Area that caused massive displacement and loss of innocent lives. In an effort to avoid further conflict, the Parties agreed to take their dispute to the Permanent Court of Arbitration (PCA) at The Hague for final and binding decision. On July 22, 2009, the PCA has issued its final and binding decision over the intra-state boundary dispute. However, the decision of Abyei Arbitration Award not yet been enforced and the final status of Abyei Area is not yet determined. Therefore, this thesis examines why Abyei Arbitration Award fail to be enforced and proposes an alternative solution to enforce the Award and determine the final status of Abyei Area.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | H Social Sciences > H Social Sciences (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 24 Jun 2019 08:41 |
| Last Modified: | 24 Jun 2019 08:41 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9328 |
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