IT is undeniable that over the past few weeks, there has been a proliferation of national pride and cooperation reaffirming that Essequibo belongs to Guyana and this makes one optimistic that a truly united Guyana is not merely a dream.

In December, just a few weeks ago, the International Court of Justice (ICJ) ruled that it has the jurisdiction to hear the Guyana/Venezuela border controversy case. This means that the World Court can now hear the arguments from both Guyana and Venezuela in the substantive matter regarding the validity of the 1899 Arbitral Award which sets out the boundary between the two countries. Undoubtedly, this was a win for Guyana.

But beyond the ruling, there it was — the government, the opposition, and citizens all, standing together. There aren’t many issues or happenings that reveal such a common resolution among all citizens of this nation. Amid the controversy, it is really inspiring to see us ‘hold one head.’

Now, after the ICJ’s ruling, there have been reports that Venezuela will establish a special committee for the defence of the Essequibo region of Guyana. The country has also since claimed for itself the seas and seabed adjacent to the coast, west of the Essequibo River.

By decreeing that the seas adjacent to this territory belong to Venezuela, at least two fundamental principles of international law have been violated, according to President Irfaan Ali.

The first violation, as outlined by the President, is that no state can unilaterally determine its international boundaries, whether land or maritime. The fixing of an international boundary under international law can only result from an agreement between neighbouring states, or a binding determination by an international court or arbitral tribunal.

The second violation of fundamental international law, referenced by President Ali, is based on the fact that under well-established rules of international law, there is a fundamental principle that says, “the land dominates the sea.” This means that sovereignty, and sovereign rights in the sea and seabed, emanate from title to the land that forms the coast to which those seas and seabed are adjacent.

Even so, again, local stakeholders came out to reaffirm Guyana’s ownership of the land and seabed and committed to trusting the international judicial processes ongoing. I’m sure this is the same ‘energy’ we’ll keep as we move along with the proceedings.

If there was ever an issue that made us look past our differences in political affiliations, the security and preservation of our border and national patrimony would be it. And, this is the ‘energy’ I’m sure we’ll be taking through the ensuing judicial processes.

With the ICJ ruling that it has jurisdiction, this ruling now paves the way for the World Court to hear the arguments in the substantive matter regarding the validity of the 1899 Arbitral Award, which sets out the boundary between the two countries.

And Guyana seeks to obtain, from the court, a final and binding judgement that the 1899 Arbitral Award, which established the location of the land boundary between then-British Guiana and Venezuela, remains valid and binding, and that Guyana’s Essequibo region belongs to Guyana, and not Venezuela.

Just for context, Article IV of the Geneva Agreement makes provision for the involvement of the Secretary-General of the United Nations, who “shall choose another means stipulated in Article 33 of the Charter of the United Nations, and so on until the controversy has been resolved, or until all means of peaceful settlement there contemplated have been exhausted.”

This provision is what paved the way for the “Good Officer” process, which was a framework that allowed for discussions on resolution of the controversy. In 2016, outgoing United Nations (UN) Secretary-General Ban Ki-moon agreed with his successor, António Guterres, to continue to use the Good Offices Process until the end of 2017 as a means of arriving at a settlement. After this process failed, in 2018, the UN Secretary-General referred the case to the ICJ.

Despite Venezuela refusing to provide arguments on the ICJ’s jurisdiction, subsequently rejecting the jurisdiction of the ICJ and claiming that the Secretary-General exceeded his authority under the Geneva Agreement in the first place, Guyana pushes ahead to obtain that final and binding judgement that Essequibo is ‘we own.’

Guyana remains confident that the international court will resolve the issue in its favour, and that this will also settle the issue of maritime rights in the adjacent sea and seabed.

If you would like to discuss this column or any of my previous writings, please feel free to contact me via email: vish14ragobeer@gmail.com