Int’l Court to begin public hearings into Venezuela border claim case next month

Feb 07, 2020 News

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The International Court of Justice (ICJ) is set to hear public hearings next month on whether it has jurisdiction to determine on a border claim case involving Guyana and Venezuela.

In the case of the “Arbitral Award of 3 October 1899 (Guyana v. Venezuela)”, the Ministry of Foreign Affairs yesterday disclosed that the Hague court will hold the hearings from Monday 23rd to Friday, March 27th.
“The hearings will give the parties to the case the possibility to address the question of the jurisdiction of the court,” the ministry disclosed.
Guyana will be heard first and will have about three hours to present its arguments on March 23rd.
Legal representatives will then have a go the next day for same time.
The second round of oral arguments into the issue of jurisdiction will be held on March 25th with Guyana being afforded 90 minutes.
Venezuela will have a chance to close out the arguments the next day.
The International Court of Justice is the principal judicial organ of the United Nations. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations.
The seat of the Court is at the Peace Palace in The Hague, Netherlands. The court has a two-fold role: first, to settle, in accordance with international law, legal disputes submitted to it by states- its judgments have binding force and are without appeal for the parties concerned); and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
“By that case, Guyana is seeking to obtain from the court a final and binding judgment that the 1899 Arbitral Award, which established the location of the land boundary between then-British Guiana and Venezuela, remains valid and binding, and that Guyana’s Essequibo region belongs to Guyana, and not Venezuela.
The Ministry last year reminded that Guyana had brought its case to the court following the decision by the Secretary-General of the United Nations, Antonio Guterres, in January 2018, and that the controversy between Guyana and Venezuela should be decided by the International Court of Justice.
“In taking his decision, the Secretary-General was exercising the power vested in him in the 1966 Geneva Agreement between Guyana, Venezuela and the United Kingdom to decide how the controversy should be settled.”
Venezuela had claimed, in a letter to the Court, that the Secretary-General exceeded his authority under the Geneva Agreement, and that the court therefore lacks jurisdiction to adjudicate Guyana’s lawsuit.
On this basis, Venezuela had indicated that it will not participate in the proceedings.
On November 19, 2018, Guyana submitted its memorial to the court refuting Venezuela’s arguments and “demonstrating” that the court has jurisdiction.
“Under well-established judicial precedent, the court will proceed to decide if it has jurisdiction over Guyana’s claims, irrespective of whether or not Venezuela participates in the proceedings. If it decides that it has jurisdiction, the court will proceed to rule on the merits of those claims, and decide whether the validity of the 1899 Arbitral Award and the border between the two States should be confirmed.”
The Ministry had pointed out that under the United Nations Charter and the court’s own rules, its final judgments both on jurisdiction and the merits will be legally binding on Guyana and Venezuela, whether or not Venezuela participates in the proceedings.
“Nevertheless, Guyana expresses the hope that Venezuela will participate, to indicate respect for the court and the international rule of law, the peaceful settlement of disputes, and the promotion of friendly relations between both states.”
The Government of Guyana had made it clear that it welcomes the prospect of a final and binding decision by the Court that will definitively resolve this longstanding controversy, and allow Guyana and Venezuela to proceed to develop excellent and close relations as neighbouring states.
The case is being closely watched as Guyana has started producing oil.
The border case can last up to five years, Government had said.
Venezuela has illegally projected its claims on the border and a major part of the mineral-rich Essequibo to even the waters that ExxonMobil has been developing its oil fields…about 100 miles from Georgetown.
The Coalition Government has said that over two decades of talks between the two countries have failed and the matter must be settled once and for all, in the ICJ.

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