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Casebook of The Jessup Competition v1.1.doc
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Reports of International Arbitral Awards (r.I.A.A.) Territorial Sovereignty and Scope of the Dispute (Eritrea V. Yemen), Reports of International Arbitral Awards (r.I.A.A.), 1998

The Hanish Islands conflict,[2] was a dispute between Yemen and Eritrea over the island of Greater Hanish in the Red Sea, one of the largest in the then disputed Zukur-Hanish archipelago. Fighting took place over three days from 15 December to 17 December 1995. In 1998 the Permanent Court of Arbitration determined that the most of archipelago belonged to Yemen.

The case concerns a dispute between Eritrea and Yemen on the installation of maritime boundaries in the Gulf of Aden.

Regarding the erga omnes in Section territory arbitration said:

«If State A has title to territory and passes it to State B, then it is legally without purpose for State C to invoke the principle of res inter alios acta ...».

Turkey to agree to submit the island in the Gulf of Yemen. It is obliged to accept what happened, Imam took it as fact.

http://untreaty.un.org/cod/riaa/cases/vol_XXII/209-332.pdf

http://en.wikipedia.org/wiki/Hanish_Islands_conflict

Mexican Union Railway Company Claim (United Kingdom V. Mexico), February 1930, 5 r.I.A.A.

The Mexican Union Railway Company, a British company operating in Mexico under a concession granted by the Mexican Government, suffered losses in the course of revolutionary disturbances in Mexico between 1919 and 1920.

The concession contained a Calvo clause, providing for the company to be deemed a Mexican corporation irrespective of its members being aliens, for the company to be exclusively subject to the Mexican courts, and for the company and all having an interest in it to forego foreign diplomatic protection.

The company did not seek redress in the Mexican courts for the losses suffered by it. In agreeing to submit various claims to a Claims Commission, Great Britain and Mexico agreed in the Convention of 19 November 1926 (85 L.N.T.S. 51) that claims should not be rejected on the grounds that legal remedies had not been exhausted prior to the presentation of the claim.

On a claim being made by Great Britain on behalf of the company, the Great Britain–Mexico Claims Commission held that the Commission had no jurisdiction. Although a Calvo clause could not deprive a government of its right to invoke its international legal rights or deprive the company of its British nationality to the extent of waiving its right to appeal to the British Government in cases of violation of international law, the clause was in this case an integral part of the concession, requiring the company to seek redress for any complaints through Mexican tribunals, and as the company had not attempted to do so there could be no question of any denial or delay of justice, as there could have been if the company had, as agreed, resorted to Mexican tribunals and had nevertheless failed thereby to obtain justice.

The provision in the 1926 Convention waiving the requirement for exhausting all legal remedies had to be read subject to particular obligation in the concession requiring recourse to Mexican tribunals.

http://untreaty.un.org/cod/riaa/cases/vol_V/115-129_Mexican_Union.pdf

http://www.answers.com/topic/mexican-union-railway-company-claim

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