The Guyana/Suriname Arbitration Award of 2007

The "Guyana/Suriname Arbitration Award of 2007" is not a book but rather the final decision of an arbitral tribunal established under the United Nations Convention on the Law of the Sea (UNCLOS). Here is a comprehensive overview of the arbitration award:

Key Themes

1. Maritime Boundary Delimitation: The primary issue at hand was the delimitation of the maritime boundary between Guyana and Suriname. This involved determining the exact geographical boundaries of their respective maritime zones, including territorial waters, exclusive economic zones (EEZs), and continental shelves.

2. Provisional Arrangements: The parties were also required to make every effort to enter into provisional arrangements of a practical nature pending the final delimitation. This included avoiding actions that could jeopardize or hamper the reaching of a final agreement.

3. Activities in Disputed Areas: Guyana claimed damages resulting from Suriname’s activities with respect to oil concession holders in the disputed area. The tribunal examined whether these activities were lawful and whether they breached any obligations under UNCLOS.

Plot Summary

• Initiation of Arbitration: Guyana initiated arbitral proceedings on February 24, 2004, under Articles 286 and 287 and Annex VII of UNCLOS. The arbitration was administered by the Permanent Court of Arbitration (PCA).
• Composition of the Tribunal: The arbitral tribunal was composed of five members: H.E. Judge L. Dolliver M. Nelson (President), Professor Thomas M. Franck, Dr. Kamal Hossain, Professor Ivan Shearer, and Professor Hans Smit. The parties agreed on the appointments of the remaining three members in a joint letter dated June 15, 2004.
• Hearings and Decision: Written pleadings were filed, and hearings were held in Washington, D.C. in December 2006. The tribunal issued its final award on September 17, 2007.
• Findings and Recommendations: The tribunal established the maritime boundary between Guyana and Suriname. It also found that both countries had violated their obligations under UNCLOS to make every effort to enter into provisional arrangements and not to jeopardize or hamper the reaching of a final agreement. Additionally, Suriname was found to have acted unlawfully by expelling a drilling rig licensed by Guyana from the disputed area.

Critical Reception

The arbitration award has been significant in international law, particularly in the field of maritime delimitation. It has contributed to the development of principles and practices in this area, as noted by Judge Peter Tomka in his introduction to the PCA Award Series.

The award has been recognized for its detailed analysis and application of UNCLOS provisions. It sets a precedent for future maritime boundary disputes, emphasizing the importance of provisional arrangements and the need for parties to cooperate during the delimitation process.

In summary, the "Guyana/Suriname Arbitration Award of 2007" is a landmark decision in international maritime law, providing clear guidelines for the delimitation of maritime boundaries and the conduct of parties during such disputes.