THE BORDER DISPUTE BETWEEN GUYANA AND VENEZUELA: AN ANALYSIS OF RECENT DEVELOPMENTS AND INTERNATIONAL LAW

The longstanding border dispute between Guyana and Venezuela, rooted in historical grievances and conflicting territorial claims, has experienced significant developments in recent years. This report explores the pivotal role played by the Caribbean Community (CARICOM) and the International Court of Justice (ICJ) in addressing the conflict. It also examines Venezuela’s resistance to the ICJ’s jurisdiction and evaluates the fairness of the 1899 Arbitral Award, which forms the crux of the dispute.

CARICOM’s Diplomatic Efforts and the ICJ’s Involvement

The Caribbean Community (CARICOM) has been instrumental in mediating the border dispute between Guyana and Venezuela. A notable incident occurred in early February 2021 when Venezuelan authorities detained Guyanese fishing vessels and their crews, leading to heightened tensions. CARICOM’s intervention was critical in resolving the immediate crisis. On February 2, 2021, Venezuelan authorities released the detained vessels and crew, a decision attributed to CARICOM’s diplomatic efforts.

CARICOM’s 32nd Intersessional Meeting on February 24, 2021, highlighted the organization's support for Guyana and the ICJ’s role in resolving the dispute. CARICOM Heads of Government welcomed the ICJ’s decision to accept jurisdiction over Guyana’s case, which concerns the 1899 Arbitral Award that established the border between British Guiana (now Guyana) and Venezuela. Despite Venezuela’s rejection of the ICJ’s jurisdiction and subsequent actions, CARICOM reaffirmed its support for the judicial process and denounced Venezuela’s unilateral actions, such as the issuance of Decree No. 4415, which claimed sovereignty over disputed areas.

Venezuela’s Opposition and the Implications for International Law

Venezuela’s reaction to the ICJ’s involvement has been marked by resistance and attempts to undermine the judicial process. Since the early 1960s, Venezuela has employed various tactics to challenge the Arbitral Award, including diplomatic pressure and attempts to invalidate the award through non-judicial means. The Venezuelan government’s issuance of Decree No. 4415 in 2020, which claimed sovereignty over disputed maritime areas, exemplifies its continued opposition to the arbitral decision.

Venezuela’s stance reflects a strategic choice to avoid a judicial ruling that might not favor its claims. The Venezuelan government’s preference for “friendly negotiations” over judicial resolution reveals its reluctance to face an impartial legal decision. Despite changes in Guyana’s government, which Venezuela attempted to leverage for its advantage, Guyana has remained steadfast in its commitment to resolving the dispute through international law.

Evaluating the 1899 Arbitral Award: Historical and Legal Perspectives

The 1899 Arbitral Award, which settled the border dispute between British Guiana and Venezuela, remains a central issue in the conflict. The award was the result of extensive negotiations and adjudications, including the Cleveland Commission and the Paris Tribunal. The Cleveland Commission, appointed by U.S. President Grover Cleveland in 1896, played a key role in assessing the claims and setting the stage for arbitration. The Paris Tribunal, established under the 1897 Washington Treaty, issued the final arbitral decision, which has been upheld as fair and impartial by various historical and legal assessments.

The Paris Tribunal consisted of esteemed jurists who carefully considered the arguments of both parties before reaching a unanimous decision. This decision has been repeatedly validated by subsequent reviews and is regarded as a fair resolution of the territorial dispute. Despite Venezuela’s objections and attempts to challenge the award, the legal consensus is that the Arbitral Award was just and consistent with international law.

The Path Forward

The border dispute between Guyana and Venezuela underscores the importance of international law and diplomatic intervention in resolving conflicts. CARICOM’s involvement and the ICJ’s jurisdiction have been crucial in addressing the dispute, despite Venezuela’s opposition and attempts to undermine the legal process. The 1899 Arbitral Award, upheld by rigorous investigations and respected legal authorities, provides a foundation for resolving the conflict.

As the ICJ continues its work, the commitment of both Guyana and the international community to a peaceful and legal resolution will be essential in achieving a final and equitable settlement. The case serves as a significant example of how international institutions and legal frameworks can play a decisive role in resolving longstanding disputes and maintaining global order.