Almost two years after Guyana filed its application with the International Court of Justice (ICJ) for it to confirm the legal validity of the 1899 Arbitral Award regarding the boundary with Venezuela, the World Court is now preparing to hold its first sets of hearings on the matter.
In a recent notice, The Hauge, Netherlands-based ICJ informed the parties of the schedules for the upcoming public hearings to determine whether the Court has jurisdiction to preside over the matter.
The first round of oral arguments will be held on March 23, 2020, and Guyana will be presenting its pleadings on that day. The following day is awarded to Venezuela. Hearings on both days will commence at 10:00h and run until 13:00h (Netherlands time).
Meanwhile, the second round of arguments is slated for March 25 when Guyana will be presenting from 16:30 to 18:00h. Venezuela will then present on March 27 from 10:00h to 11:30h.
The sessions will be streamed live on the Court’s website.
Guyana filed its case with the World Court on March 29, 2018, seeking a final and binding judgment that the 1899 Arbitral Award, which established the location of the land boundary between the then-British Guiana and Venezuela, remains valid and binding, and that Guyana’s Essequibo region belongs to Guyana, and not Venezuela as is being claimed by the Spanish-speaking country.
The case was filed following a decision by Secretary General of the United Nations, António Guterres, in January 2018, that the controversy between Guyana and Venezuela should be decided by the ICJ. The Secretary General made the decision by 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.
However, Venezuela has claimed, in a letter to the World Court, that the Secretary General exceeded his authority under the Geneva Agreement, and therefore, the Court lacks jurisdiction to adjudicate the lawsuit filed by Guyana.
Prepared
Nevertheless, with less than two months for the hearings, Guyana is preparing to present its case before the World Court. This is according to Foreign Secretary at the Ministry of Foreign Affairs, Carl Greenidge, who is the leading agent on the case.
He told Guyana Times International that the domestic team has been meeting and considering the issues in both rounds.
“So we’ve been looking at arguments that that might arise. We have been looking at the Geneva Agreement and the work of the Secretary General – his responsibilities, how he came to be involved, what exactly it was agreed that he would do, and also we looked at the discussions that took place at the enhanced mediation which he put to us and to which Venezuela agreed and Venezuela participated in. And any other arguments that they might raise to suggest that the Court doesn’t have jurisdiction. So we’ve explored all that we can think of,” he stated.
According to Greenidge, they are also working with the external lawyers to identify a line of argument.
“So at this stage, those who are presenting are working on providing that text [of] their oral presentations,” he added.
Guyana-born international diplomat, Sir Shridath Ramphal is the Legal Adviser and will be leading the legal team during the hearings.
While Venezuela has raised the issue of the World Court’s jurisdiction over the matter, the Spanish-speaking country has indicated to the ICJ that it will not participate in the proceedings.
But according to Greenidge, who is a former Foreign Affairs Minister, it is up in the air as to whether the neighbouring country will attend and participate in the upcoming hearing.
“I can’t really say what would happen on the 23rd but we are prepared for anything. In the meantime, Venezuela although has not presented arguments which the court required of it in relation to jurisdiction, they have submitted a memorandum… There is no provision in the arrangements for that presentation. So they’re trying to be at a distance but not completely outside the ring,” he surmised.
Nevertheless, the former Foreign Affairs Minister explained that Venezuela’s non-participation will have no impact on the case. If anything, he posited, it will possibly cause the case to move forward quickly.
“But with regards to the decision of the Court, it makes no difference… If the matter is being properly referred to the Court then you’re supposed to be there to defend yourself,” Greenidge argued.
The upcoming hearing will be held in the latter part of March, which will be after Guyana holds its General and Regional Elections set for March 2. There is a possibility that the Government could change.
But Greenidge reminded that the border controversy case is a national issue and as such, the team has been sharing its preparatory works with the PPP/C Opposition.
“They have been constructively involved in the configuration of the team and the arguments. So one would expect that whatever happens, in order to ensure that the Court and others understand that this is [a] national position, I would expect both the parties to be present and represented [at the ICJ],” the Foreign Secretary noted.
Opposition involvement
Meanwhile, former Opposition Chief Whip Gail Teixeira confirmed to Guyana Times International that an invitation was extended to attend the hearings.
“Mr Greenidge has indicated privately that he would be amenable to a representative of the Opposition being part of a delegation to the hearing. But not participating in the hearing but being witness to the hearing, in other words,” she stated.
Teixeira had been part of the Ministerial Committee on the Guyana-Venezuela Border Controversy but according to her, that Committee has not met for almost a year until recently.
She explained that the Committee is not a decision-making one and as such, she was recently apprised of some of the preparations for the upcoming hearing.
However, Teixeira noted that the party is also mindful of the impending elections and the possibility of a change in Government, which could see the composition of the non-legal representation being different. Nevertheless, she noted that should be PPP/C be in Government at the time of the hearing then not only will it continue to defend Guyana’s territorial sovereignty but also extend the same courtesy to the coalition in attending the hearing.
“The PPP/C in principle has always believed that our national sovereignty and territorial integrity is a matter for the nation and a matter for inclusive participation, and it’s a principle that has been followed throughout the years of us being in Government, where the Opposition has been informed and in many cases, participated in issues of national importance with foreign affairs,” Teixeira contend.
