3 October 1899- Arbitral Award: ICJ

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D.D: 13 JUNE 2022

Regarding the Application filed in the Registry of the Court on 29 March 2018 by the Government of the Co-operative Republic of Guyana (hereinafter “Guyana”) against the Bolivarian Republic of Venezuela (hereinafter “Venezuela”) in a dispute concerning “the legal validity and binding effect of the Award regarding the Boundary between the Colony of British Guiana and the United States of Venezuela, dated 3 October 1899”, the Court finds that it has jurisdiction.

Regarding the Order dated 19 June 2018, by which the Court held, pursuant to Article 79, paragraph 2, of the Rules of Court of 14 April 1978 as amended on 1 February 2001, that, taking into account that Venezuela had informed the Court that, in its view, the Court manifestly lacked jurisdiction to hear the case and that it had decided not to participate in the proceedings, it was first necessary to determine the Court’s jurisdiction, and that this question h

Due to the fact that Venezuela did not file a Counter-Memorial, but on 28 November 2019 it submitted a document titled “Memorandum of the Bolivarian Republic of Venezuela on the Application filed before the International Court of Justice by the Cooperative Republic of Guyana on 29 March 2018”, the Court finds that Guyana’s application is admissible.

Regarding a letter dated 10 February 2020 in which Venezuela stated it had no intention of participating in the oral proceedings on the issue of the Court’s jurisdiction,

Regarding the public hearing held on 30 June 2020, during which Guyana presented its oral arguments and submissions on the issue of the Court’s jurisdiction,

Having regard to the Judgment dated 18 December 2020, in which the Court determined that it had jurisdiction to hear the Application filed by Guyana on 29 March 2018 regarding the validity of the Arbitral Award dated 3 October 1899 and the related question of the definitive settlement of the land boundary dispute between Guyana and Venezuela, the Court grants Guyana’s Application.

The Court extends the filing deadlines for Guyana’s Memorial and Venezuela’s Counter-Memorial on the merits from 8 March 2022 to 8 March 2023.

Regarding the Memorial of Guyana submitted within the allotted time,

Regarding a letter dated June 6, 2022 in which H.E. Ms. Delcy Elona Rodrguez Gómez, Executive Vice President of the Bolivarian Republic of Venezuela, informed the Court that the Venezuelan Government had appointed H.E.

Venezuela filed preliminary objections to the application’s admissibility on 7 June 2022, and a copy of these objections was transmitted to the other party immediately.

Consequently, pursuant to Article 79bis, paragraph 3 of the Rules of Court, the merits proceedings are stayed and a deadline must be set for the opposing party to submit a written statement of its observations and arguments regarding the preliminary objections.

In accordance with Practice Direction V, which states that the time limit for the presentation of such a written statement shall generally not exceed four months from the date of the filing of preliminary objections, we hereby extend this time limit to six months.

Sets the date of 7 October 2022 as the deadline for the Co-operative Republic of Guyana to submit a written statement regarding Venezuela’s preliminary objections; and

Reserving judgement on the next procedure.

Done in English and French, with the English text being authoritative, at the Peace Palace, The Hague, on this thirteenth day of June, twenty-two, in three copies, one of which will be placed in the Court’s archives and the other two of which will be sent to the governments of the Co-operative Republic of Guyana and the Bolivarian Republic of Venezuela, respectively.

Guyana

v/s

Venezuela

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