World Court to hear Venezuelan objections over border controversy case

At 10 this morning, the International Court of Justice (the World Court) is to  commence hearing preliminary objections by Venezuela to Guyana’s case seeking a ruling that the 1899 arbitration ruling delineating the boundary between the two countries is valid and binding.

The public hearings will be held at the seat of the Court, the Hague, Netherlands and will be streamed live, in English on the Court’s website and on UN Web TV.

According to a press release from the Ministry of Foreign Affairs, the hearings will be devoted to the preliminary objections raised by Venezuela in response to Guyana’s submission of its memorial on the merits of the case.

The schedule for the hearings is as follows:

First round of oral argument

Thursday 17 November 2022 10 a.m.-1 p.m.: Venezuela

Friday 18 November 2022 3 p.m.-6 p.m.: Guyana

Second round of oral argument

Monday 21 November 2022 10 a.m.-10.45 a.m.: Venezuela

Tuesday 22 November 2022 10 a.m.-10.45 a.m.: Guyana

Guyana on March 8th this year submitted to the ICJ its Memorial on the Merits of its border controversy case against Venezuela – as required by the Court following its decision of 18th December 2020 confirming its jurisdiction to decide the merits of this country’s claims.

The release reminds that Venezuela then subsequently filed preliminary objections to the admissibility of Guyana’s Application to the Court to determine the validity of the 1899 Arbitral Award on 7 June 2022.     

In accordance with its rules, the Court suspended the proceedings on the merits until the determination by the Court of the matter of Venezuela’s preliminary objections.

According to the release, “the people of Guyana have remained firmly united in the quest to preserve Guyana’s sovereignty and territorial integrity. To this end, the Government invited the Leader of the Opposition to name a representative from the combined Opposition to be part of Guyana’s delegation to the Hague. That invitation has been accepted.”

The release notes that Guyana is represented in the case before the Court by the following counsel:

Sir Shridath Ramphal, OE, OCC, KC, Co-Agent and Counsel

Paul S. Reichler, Attorney-at-Law, Foley Hoag LLP, member of the Bars of the United States Supreme Court and the District of Columbia;

Alain Pellet, Professor Emeritus of the University Paris Nanterre, former Chairman of the International Law Commission, member of the Institut de droit international;

Professor Philippe Sands KC, Professor of International Law at University College London;

Payam Akhavan, LLM, SJD (Harvard University), Professor of International Law, Senior Fellow, Massey College, University, of Toronto, member of the Bar of New York and the Law Society of Ontario, member of the Permanent Court of Arbitration;

Professor Pierre d’Argent, Professor ordinaire, Université Catholique de Louvain, member of the Institut de Droit International, Foley Hoag LLP, member of the Bar of Brussels;

Christina L. Beharry, Foley Hoag LLP, member of the Bars of the District of Columbia, the State of New York, England and Wales, and the Law Society of Ontario;

Edward Craven, Barrister, Matrix Chambers, London;

Juan Pablo Hugues Arthur, Foley Hoag LLP, member of the Bar of the State of New York;

Isabella F. Uria, Attorney–at-Law, Foley Hoag LLP, member of the Bar of the District of Columbia.

Meanwhile; representing Guyana at the hearings are:  Attorney General Anil Nandlall, S.C; Minister of Parliamentary Affairs and Governance Gail Teixeira; Agent of Guyana in the case Carl Greenidge; Ambassador Elisabeth Harper, Co-Agent and Permanent Secretary of the Ministry of Foreign Affairs; Director of the Frontiers Department of the Ministry of Foreign Affairs Donnette Streete and Advisor to the Leader of the Opposition on Frontier matters, Ambassador Ronald Austin.