阿卜耶伊仲裁案是苏丹南北方内战冲突的产物。苏丹政府与苏丹人民解放运动在无法就阿卜耶伊归属与边界划分问题达成一致的情况下,选择将此问题提交国际常设仲裁法院。法院在受理此案后,依据“部落解释”的原则,以1905年并入科尔多凡省的九个恩哥克-丁卡人酋长领地为依据,对阿卜耶伊地区的边界进行了确认。仲裁本身是高效、透明的,在费用分摊上也较为合理,双方均接受此仲裁结果。然而,由于未涉及阿卜耶伊地区的石油与放牧权问题,仲裁结果无法得到执行,阿卜耶伊地区的冲突也持续至今。此案所反映出的仲裁机制的局限性与无效化问题,从本质上看,是将“技术性问题”置于“实际关切点”之上,导致法律与政治错位的结果。
Abyei Arbitration is the outcome of the civil war in Sudan. Since the government of Sudan and the Sudan People’s Liberation Movement can not reach a consensus over the issues of the ownership and demarcation of Abyei,they submit to the Permanent Court of Arbitration. Based on the “Tribal Interpretation”,the Tribunal identified the boundary of Abyei,with an efficient and transparent process and a reasonable cost sharing,and the result of which was accepted by both parties. However,the Arbitration award is unable to be enforced as the issues of oil and grazing rights disputes have not been reached,thus the conflict in Abyei has continued ever since. The limitation and invalidation issues of the arbitration mechanism reflected in this case is the result of the legal and political misplacement,which means “technical problems” are placed above “practical concerns”.