By Carl Greenidge
Guyana’s complaint before the ICJ against the Venezuelan Government is based on a number of factors among the most important of which is Venezuela’s breach of one fundamental legal principle, a state cannot sign a treaty, benefit from the implementation of its provisions for over 63 years then, when convenient, simply unilaterally declare the treaty null and void. The sanctity of treaties is enshrined in Article 26 of the 1969 Vienna Convention on the Law of Treaties (VCLT). Thus, either both parties have to agree on invalidity or, a Court or other Tribunal, would have to do so. Since Guyana will not agree to invalidate the Paris Arbitration Award, Venezuela would need to seek from a competent international tribunal or authority a declaration to that effect. It has refused.
