Wednesday, July 22, 2009

Abyei arbitration...

New review of evidence "if and only if" finding of exceeding mandate. If no finding of exceeding of mandate, then parties *did not* want tribunal to review evidence. Correctness of ABC decision is "beyond review" in determination if exceeded mandate.

How to know if exceeded mandate?
Reasonableness of ABC members interpretation of mandate, and ABC empowered to determine their own bounds and competencies... and principle of law is that if "primary decision maker" delegated this they should be respected. Is there "manifest breach".

Failure to state sufficient reasons for a conclusion may mean exceeding mandate. ABC included requirement to state reason. Were expected to operate within greater peace process. Supposed to be scientific, so should state reasons. They were required to explain. Insufficiency, incoherence, contradictory reasoning could mean excess of mandate.

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