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Reports of International Arbitral Awards, Vol. XXVI

image of Reports of International Arbitral Awards, Vol. XXVI

International arbitral and judicial awards are of considerable importance, for they are a subsidiary means for the determination of the rules of law as provided in Article 38 of the Statute of the International Court of Justice. They are also important from the point of view of the progressive development of international law, a task which Article 13 of the Charter places under the responsibility of the General Assembly of the United Nations. This Volume XXVI contains decisions of the Eritrea-Ethiopia Claims Commission as well as additional decisions of the Eritrea-Ethiopia Boundary Commission.

English, French

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Final Award, Ports—Ethiopia’s Claim 6, decision of 19 December 2005

Property rights during an armed conflict—requirement of compensation for taking of property—food and assistance goods provided to Ethiopia not owned by Ethiopia or its nationals—right of State party to an international armed conflict to restrict or terminate trade relations between itself and an opposing party to the conflict— difference between the right to prevent commerce and the right to appropriate enemy’s property—lawful to place under administrative control of State the property of another belligerent’s national so as to prevent its use for the benefit of the enemy—State’s custodial power over enemy’s national’s property extended to the power to sell the property.

English, French

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