Reports of International Arbitral Awards, Vol. XXVIII

image of Reports of International Arbitral Awards, Vol. XXVIII

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. It was decided to limit the collection strictly to international decisions, i.e. those rendered between States and between States and international organizations. The first volume of RIAA was prepared in 1948. Forthcoming volumes of the publication will be devoted to a collection of international decisions rendered from the late eighteenth century to the mid-twentieth century. In order to preserve the accuracy of the awards the historical names of the Parties at the time of the awards have been retained.

English, French


Decision of the arbitral tribunal established to settle the dispute concerning the course of the boundary between Austria and Hungary near the lake called the “Meerauge”, decision of 13 September 1902

Arbitration – procedure – competence of arbitrators limited to disputed territory by arbitral agreement – In absence of restrictive provision on how frontier should be determined, it is left to arbitral tribunal’s discretion and conscientious judgment – inadmissibility of a reservation made by a Party as inconsistent with the content and the purpose of the arbitral agreement, since it involved reserving the right to claim a further modification of the border, which would undermine the position of the arbitral tribunal and the validity and finality of its decision.

English, French

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