El Esequibo es venezolano: El litigio estratégico de Venezuela contra Guyana en la Corte Internacional de Justicia

Revista Opción 36 (Derecho Internacional Público -):389-443 (2020)
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Abstract

The concept of international strategic litigation for the defense of Venezuela is analyzed against the 2018 Guyana lawsuit before the International Court of Justice-ICJ. Evading the agreement in Article IV of the 1966 Geneva Agreement, it attempts to validate the Paris Arbitration Award of 1899, which was rejected by Guyana and Venezuela. The claim is inadmissible because the bilateral ways to resolve the territorial conflict have not been exhausted, the ICJ lacks jurisdiction and the Geneva Agreement is distorted. Scenarios are analyzed for Venezuela to participate or not in the litigation, highlighting the convenience of a peaceful, practical and satisfactory settlement for the Parties.

Author's Profile

Jesus Enrrique Caldera Ynfante
University of Santo Tomas

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