The Abyei Arbitration and the Rule of Law

This article examined the widely publicised international arbitration that took place in 2008-2009 to determine the boundaries of the Abyei region of southern Sudan in the wake of decades of civil war. On the surface, the Abyei Arbitration is a striking example of how arbitration can resolve even the most intractable international disputes. But a closer examination suggests an award that invoked principles of judicial restraint and the rule of law, but compromised those principles by disregarding the term of the tribunal's mandate and the thoroughly reasoned...