ICJ’s Provisional Order favours Guyana in Venezuela/Guyana border controversy

The international Court of Justice (ICJ) today rules Venezuela must stop its intimidatory action against Guyana, based on the border controversy, which is currently being adjudicated by the Court.

The Court in its Order, which has binding effect, indicates the following provisional measures:

“(1) Unanimously, Pending a final decision in the case, the Bolivarian Republic of Venezuela shall refrain from taking any action which would modify the situation that currently prevails in the territory in dispute, whereby the Co-operative Republic of Guyana administers and exercises control over that area;

“(2) Unanimously, Both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.”

On 30^th  October 2023 Guyana submitted an Order to the ICJ on the Request for the indication of provisional measures  in the case concerning Arbitral Award of 3 October 1899 (Guyana v. Venezuela). A public sitting took place at 3 p.m. at the Peace Palace in The Hague, during which Judge Joan E. Donoghue, President of the Court, read the Court’s Order.

On 29^th March 2018, Guyana filed an Application instituting proceedings against Venezuela. In its Application, Guyana requests the Court “to confirm the legal validity and binding effect of the Award regarding the Boundary between the Colony of British Guiana and the United States of Venezuela, of 3 October 1899”. This was during the A Partnership of National Unity and Alliance For Change (APNU+AFC) government.

Former Vice President and Minister Carl Greenidge is the lead of Guyana’s delegation on the border controversy before the Court.

Guyana is represented in the case before the Court by:

Carl Greenidge, Agent of Guyana in the case concerning the Arbitral Award of 3 October 1899;

Mohabir Anil Nandlall, S.C, M.P, Attorney General and Minister of Legal Affairs;

Gail Teixeira, M.P, Minister of Parliamentary Affairs and Governance;

Ambassador Elisabeth Harper, Co-Agent and Permanent Secretary of the Ministry of Foreign Affairs & International Cooperation;

Ms. Donnette Streete, Director of the Frontiers Department of the Ministry of Foreign Affairs & International Cooperation; and

Ambassador Ronald Austin, Advisor to the Leader of the Opposition on Frontier matters.

Guyana is represented in the case before the Court by:

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

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

Mr. 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, 11 King’s Bench Walk, London;

Mr. 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;

Ms. 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;

Mr. Edward Craven, Barrister, Matrix Chambers, London;

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

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

Watch today’s hearing (Credit: Guyana Uncut Guyana)