The Government of the State of Eritrea and the Government of the Republic of Yemen Award of the Arbitral Tribunal in the First Stage of the Proceedings, 93 American Journal of International Law 668 (1999)
In an "Agreement on Principles" of May 21, 1996, Eritrea andYemen agreed to renounce the use of force against each other and to "settle their dispute on questions of territorial sovereignty and of delimitation of maritime boundaries peacefully." The Arbitration Agreement of October 3, 1996, implemented a two-stage process contemplated in the Agreement on Principles. In the first stage, the Tribunal was to "decide territorial sovereignty [over the disputed islands in the Red Sea] in accordance with the principles, rules and practices of international law applicable to the matter, and on the basis, in particular, of historic titles." In the second stage, the Tribunal was to issue "an award delimiting maritime boundaries.... taking into account the opinion that itwill have formed on questions of territorial sovereignty, the United Nations Convention on the Law of the Sea, and any other pertinent factor." The Tribunal was composed ofJudges Stephen M. Schwebel and Rosalyn Higgins, appointed by Eritrea, Dr. Ahmed S. El-Kosheri and Mr. Keith Highet, appointed by Yemen, and Sir Robert Y. Jennings, presiding. On October 9, 1998, it rendered the first award on territorial sovereignty over the islands, islets, rocks and lowtide elevations in controversy.
Date of Authorship for this Version
Reisman, W. Michael, "The Government of the State of Eritrea and the Government of the Republic of Yemen Award of the Arbitral Tribunal in the First Stage of the Proceedings" (1999). Faculty Scholarship Series. Paper 963.