Ita leads this morning with a new English translation of the decision in Empresa Eléctrica del Ecuador, Inc. (“EMELEC”) v. Republic of Ecuador. This is a pretty perplexing decision. The core issue was jurisdiction and the tribunal was asked to decide whether the representative of EMELEC before the tribunal was actually the ultimate shareholder of EMELEC and entitled to bring the proceedings or a third party with no interest in EMELEC.
Today I found the time to read the compromis and form a first impression, as well as to map out the issues that seem to lie embedded in the declarations, so that the mish mash of facts can be honed towards a target.
The compromis sets out the dispute between the neighbouring states of Alicanto and Ravisia, and concerns a military operation undertaken by Ravisian forces, first under a UN peacekeeping mandate and then unilaterally, to enforce the peace in the Northeast province of Alicanto, which, under the threat of ethnic strife and religious factionalism, threatened to break down into genocide.