Latest update November 22nd, 2024 1:00 AM

Guyana's largest selling daily and New York's most popular weekly

Latest News

JURIDICAL SETTLEMENT IS INCONSISTENT WITH THE TRADITIONAL POSITION OF GUYANA

Jun 11, 2015 Features / Columnists, Peeping Tom

The idea of a juridical settlement of the border dispute with Venezuela has come as a big surprise, especially emanating from the new government.
Just before the PPP/C demitted office it expressed its frustration with the Good Officer Process instituted under the Geneva Convention. It stated that it would move towards a juridical settlement of this dispute.
That position was most likely influenced by commercial interests. These commercial interests want a legal settlement of the dispute so that their investments would not be jeopardized.
A legal settlement may have been acceptable to Suriname, but there is no reason to believe that it will be acceptable to Venezuela. For one, Suriname is not a major oil producing nation. It may have been keen to agree to go to arbitration over its maritime dispute with Guyana because it too may have seen the practical benefits to its exploration activities by having its maritime boundaries delimited.
Venezuela is a different kettle of fish. Venezuela is a major oil producing nation. It not only has oil but it is also the largest exporter of oil to the United States of America. It therefore is not likely to be inclined to go the route of a legal settlement of this dispute.
The previous government must have overlooked this fact when it said that it wanted to move towards a juridical of the dispute with Venezuela.
Based on reports on Demerara Waves, an online local news service, it does seem as if the new APNU+AFC administration is on the same wavelength and may be contemplating a similar move towards a legal settlement.
The very idea of a juridical settlement of the dispute is however inconsistent with the line that Guyana has traditionally taken. This line is that the border issue was conclusively settled by the Arbitral Award of 1899.
Now, legally, if you accept that there is no dispute over the border and that the issue was already definitively settled in 1899, then you cannot be moving to the courts to ask for a legal ruling on the legality of the claim by the Venezuela.  This is a contradiction.
If you believe there is no dispute, it is not for you move towards a judicial settlement; it is for the other side to do this because as far as you are concerned the other side has no valid claim.
By moving towards a juridical settlement, you are in fact conceding that there is a dispute between the sides which needs to be settled. You are not at all asserting that there was a prior legal settlement in 1899 which was conclusive.
Guyana therefore has to tread carefully lest it be seen as conceding that there is indeed a case to be defended or answered.
But the situation gets more complicated. If Guyana is to move towards a judicial settlement, it will have to do so under the auspices of the Geneva Convention which as signed just before Independence and which the PNC government has consistently denied, amounted to a reopening of the border controversy.
Now if under the grievance settlement mechanism of the Geneva Convention there is provision for going to judicial adjudication, it effectively means that the Geneva Accord makes accommodation for the judicial determination of the validity of the Venezuelan claim.
In effect, therefore, what this position would mean is that the Geneva Convention signed by Burnham makes provision for the simultaneous settling of the border dispute. But since the border dispute can only be settled if it is reopened, then this will mean that the Geneva Convention effectively makes provision for the reopening of the Venezuelan claim, something that the Guyana authorities have denied since the Geneva Agreement was signed.
Guyana therefore must tread carefully in this matter. It needs to go back to the drawing board and rethink its options.

Similar Articles

The Glenn Lall Show | November, 20th, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Green Machine returns to RAN Sevens

Green Machine returns to RAN Sevens

Nov 22, 2024

-Guyana to face Canada today By Rawle Toney The Green Machine, Guyana’s national rugby team, is set to make its mark at this year’s Rugby Americas North (RAN) Sevens Championship, hosted at...
Read More
GASA snubs Delroy Tyrrell for World Championships

GASA snubs Delroy Tyrrell for World Championships

Nov 22, 2024

Cricket Australia appoints former West Indian Captain Carl Hooper as a Multicultural Ambassador

Cricket Australia appoints former West Indian...

Nov 22, 2024

GBA appoints International Technical Officer Elton Chase as Technical Director

GBA appoints International Technical Officer...

Nov 22, 2024

Warriors triumph but Royals lead standings

Warriors triumph but Royals lead standings

Nov 22, 2024

 D-Up Basketball Academy Training camp brings Hoop Dreams to Life with Region 3 Jamboree

 D-Up Basketball Academy Training camp brings...

Nov 21, 2024

Features/Columnists

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]