“As the Arbitral Tribunal has already emphasized, the interim measures recommended in this context are binding on the Democratic Republic of the Congo, which is the Respondent in the present proceedings, and which cannot be dissociated from its organs, administrations or authorities taken individually.
The principle of the unity of the State in fact implies that each of the organs, administrations and authorities of the Democratic Republic of the Congo is directly bound by the obligations, procedural or substantive, incumbent on the Defendant.
It is therefore incumbent on the various bodies and authorities of the Democratic Republic of Congo, each acting directly and within its own sphere of competence, to implement the interim measures ordered by the Arbitral Tribunal in order to preserve the integrity of the present arbitration proceedings.
With this in mind, the Arbitral Tribunal also notes that the difficulties alleged by the Democratic Republic of Congo in implementing the interim measures recommended in paragraphs 156(1) and 156(2) of Procedural Order No. 3 are not such as to justify noncompliance with these measures.”
“The Arbitral Tribunal thus firmly reaffirms its decision on the interim measures recommended in paragraphs 156(1) and 156(2) of Procedural Order No. 3, together with the conditions attached thereto, and reminds the Defendant of its obligation to implement them effectively and without delay.”