In a judgment released on April 6, 2023, the International Court of Justice (ICJ) reaffirmed its jurisdiction over Guyana’s claim against Venezuela that the boundary between the two States was fixed by a binding and valid 1899 Arbitral Award. The ruling, issued by a 14-1 majority of the Court’s Judges, rejected Venezuela’s objection on admissibility, allowing the case to proceed to the merits.

Guyana celebrated the ruling.  In a statement following the ruling, Dr. Mohamed Irfaan Ali, President of the Co-operative Republic of Guyana observed, “Today’s ruling disposes of that objection, and will require Venezuela to submit its written pleadings on the merits of the case – that is, on the validity of the Arbitral Award and the international boundary that it established.  Guyana remains confident that its longstanding international boundary with Venezuela will be confirmed by the Court.”

Dr. Ali went on to praise the legal team “for the continued commitment and outstanding work as we proceed with this matter in the International Court of Justice.”

The case concerns the land boundary between Guyana and Venezuela. It was fixed by a distinguished international arbitral tribunal in 1899, when Guyana was a British colony.  Venezuela accepted the tribunal’s determination of the boundary for over 60 years, before registering an objection, claiming for the first time that the tribunal was corrupt and its decision invalid.  On this basis, Venezuela laid claim to more than two-thirds of Guyana’s territory.  

In 1966, the same year that Guyana achieved independence, an agreement was reached between the Venezuela, Guyana, and the United Kingdom at Geneva on a process leading to a definitive settlement. The Geneva Agreement provided that, in the event the parties should be unable to agree on a means of settlement, the Secretary General of the United Nations would be authorized to choose the means. In January 2018, the Secretary General decided that the controversy should be settled by the ICJ. Guyana filed its application two months later, seeking a determination that the 1899 Award and corresponding boundary line are valid and binding upon the parties, and that Venezuela’s belated claims of invalidity have no merit.

On December 18, 2020, the Court dismissed Venezuela’s objections to the Court’s jurisdiction to preside over Guyana’s claims and ordered that the case proceed to the merits.  Guyana submitted its Memorial on the Merits on March 8, 2022.  However, on June 7, 2022, Venezuela objected to the admissibility of Guyana’s claims, arguing that the United Kingdom is an indispensable party to the proceedings, in the absence of which the Court should decline to exercise jurisdiction.  

The legal team was comprised of Foley Hoag attorneys Christina Beharry, Prof. Pierre d’Argent, Juan Pablo Hugues Arthur and Isabella F. Uría. Paul Reichler, Prof. Philippe Sands, Edward Craven, Alain Pellet and Payam Akhavan are also part of Guyana’s legal team.  Guyanese members of the team included its Agent, Hon. Carl B. Greenidge, former Vice President and Foreign Minister of Guyana, Sir Shridath Ramphal, also a former Foreign Minister and Attorney General of Guyana, and Ambassador Elisabeth Harper.  Hon. Mohabir Anil Nandlall, Attorney General and Minister of Legal Affairs, Hon. Gail Teixiera, Minister of Parliamentary Affairs and Governance, Ambassador Ronald Austin, Ms. Donnette Streete and Mr. Lloyd Gunraj played prominent roles, as well..  

Foley Hoag has a long record of representing States in territorial and maritime boundary disputes before the ICJ and other international courts and tribunals.  Among numerous other cases, the firm successfully represented Guyana in a maritime boundary case against Suriname in 2007, securing a unanimous arbitral award delimiting the boundary along the line claimed by Guyana.  More recently, Foley Hoag helped achieve victories for Armenia (against Azerbaijan), Mauritius (against the U.K.), Bangladesh (against India and Myanmar), Ghana (against Côte d’Ivoire), and the Philippines (against China).