Dhirubhai Ambani International Model United Nations 2019 Forum: International Court of Justice Issue: Arbitral Award of 3rd October 1899 Student Officer: Vibhav Amarbabu Position: Deputy President Introduction The conflict up for contention at the International Court of Justice this year has been passed around through every form of resolution over the 210 years of its history. The matter of the legality of the Arbitral Award of the 3rd of October 1899 has evolved into a global issue, encompassing world powers and developing nations alike, as well as the booming oil industry. The parties mainly involved in the conflict are the Cooperative Republic of Guyana and the Bolivarian Republic of Venezuela, with Guyana being the institutor of the proceedings of the case in the ICJ. Other parties involved subliminally include the United States of America, Great Britain and Russia. This dispute regarding the Guyanese-Venezuelan boundary has its origins in the early 16th century, to when the land was under the jurisdiction of the Dutch and Spanish empires. There was no clear boundary defined between the two colonies, which led to a lot of border breaches by both empires on one another’s territory. Following a series of wars, the land that would come to be known as the British, making it the first British colony on the northern coast of South America, captured Guiana. To prevent any further boundary infringement, the British government decided to officially define the boundary of their colony and entrusted the job to Robert Schomburgk, an explorer under the aegis of the Royal Geographical Society, in 1835. The Schomburgk Line was officially declared to the public in 1840 and encompassed area near the mouth of the Orinoco River, far past the boundary previously assumed. Venezuela disputed the border markers being placed at the mouth of the Orinoco and claimed that all Guianese land West of the Essequibo River was a part of their territory. In response to this, Britain offered a proposal regarding a modification of the border by Venezuela but there was no agreement between the two nations except to not colonize the disputed territory (1850). Research Report | Page 1 of 14 Dhirubhai Ambani International Model United Nations 2019 Figure 1: Region as divided by the Schomburgk Line Come 1876, Venezuela began to claim two-thirds of British Guiana to be a part of their territory. The timing was detrimental for Guiana as the British Guiana Mining Company had just been setup to explore and mine the newly discovered rich gold deposits in the area. Acting for Guiana, Britain counter-claimed both the area claimed by Venezuela and the upper Cuyuni basin and a swath of the land in the Amakura and Barima basins up the right bank of the Orinoco River. Venezuela proposed a frontier line in 1881, but this proposal was rejected, as it would have given the entire Barima district to Venezuela. In response to this, Britain declared the Schomburgk Line the provisional frontier of British Guiana in 1886 and the situation reached a high-tension status, which needed to be defused. Venezuela appealed to the United States to intervene under the Monroe Doctrine, a US policy of opposing European colonialism from 1823 onwards. Unwilling to become a major part of this issue, the US put forth the notion of arbitration between the nations. Following arbitral talks between the two nations, the Washington Treaty was signed in February 1897. The Arbitral Award of the 3rd of October 1899 was a signifier of a settlement between the two nations with regards to any issues that may have arisen relating to the boundary line between them. As per the Award, Venezuela would receive 5000 square miles of British Guiana territory, including Barima Point at the mouth of the Orinoco (control over the Orinoco River Basin) and a fair amount of territory to the east of the line. After the Award, an Anglo-Venezuelan Boundary commission identified, demarcated and permanently fixed the boundary established within the Award between 1900 and 1904. The representatives of the two nations signed a joint declaration and began the production of maps with the updated boundary line (1905 Agreement). Page 2 of 14 | Research Report Dhirubhai Ambani International Model United Nations 2019 A relatively peaceful period took place from 1899 to 1962. British Guiana (under the United Kingdom) accepted that the Award and following Agreement settled any territorial claims and disputes and demarcated the border between the two nations. Venezuela consistently reiterated their stance regarding legal validity and binding force of the 1899 Award and 1905 Agreement, and respected the boundary it shared with British Guiana. Severo Mallet-Prevost was a Venezuelan advocate who took part in the arbitral talks as a part of the US delegation. Posthumously, he had a memorandum released in which he stated that the Award was biased, and provided details for a meeting between Britain and Russia, making an ex-parte contract. Venezuela formally raised the issue again at an international level before the United Nations in 1962. Venezuela threatened to not recognize the newly formed state of Guyana or its boundaries unless the United Kingdom set aside the 1899 Award and the 1905 Agreement and ceded to Venezuela all of its territories west of the Essequibo River (Guyana’s part of the Award), citing the Russia-UK deal noted within the memorandum as an offence of collusion. On the 15th of May 1962, the American Ambassador in Caracas, C. Stewart, wrote to the USDOS a telegram in which he stipulated that “President Betancourt of Venezuela, through a series of conferences with the British before Guiana’s Independence, a cordon sanitaire would be set up between the present boundary line and one mutually agreed upon by Venezuela and Britain.” The ensuing negotiations between the United Kingdom and Venezuela led to an Agreement to Resolve the Controversy Between Venezuela and the United Kingdom of Great Britain and Northern Ireland over the Frontier between Venezuela and British Guiana, signed at Geneva on the 17th of February 1966 (“Geneva Agreement”). It provided for recourse to a series of dispute settlement mechanisms to finally resolve the controversy caused by Venezuela’s reversal of position on the validity of the Award and its refusal to continue acceptance of the boundary demarcated in 1905 (more information in the historical background). Since the forced entry of the United Kingdom and Guyana into the Geneva Agreement, the controversy has not been resolved as per the means of settlement as had been specified in the Agreement. Venezuela has sustained its contention for over two-thirds of Guyanese territory for over fifty years now, and this controversy has led to a slower growth of both the nations. Secretary General Guterres declared following the failure of the UN Good Offices Process as in January of 2018, Guyana filed a case in the International Court of Justice. Research Report | Page 3 of 14 Dhirubhai Ambani International Model United Nations 2019 Definition of Key Terms: Arbitration The use of an independent person or body officially appointed to settle a dispute. Imperialism The policy of extending a country’s power and influence through colonization, use of military force or other means. Boundaries: The lines defining the exact area contained within a kingdom or nation, used to distinguish between two nations bordering nations. Historical Background British Guiana British Guiana was the name of the British colony, part of the British West Indies, on the northern coast of South America, now known as the independent nation of Guyana. The first part of the region to be colonized was the Essequibo and Berbice regions, taken by the Dutch in the early 17th century. Britain took over these two colonies and Demerara in 1796, in the midst of hostilities with the French that had gone and occupied the Netherlands. The British returned control to the Batavian Republic but captured the colonies again a year later during the Napoleonic Wars. The colonies were consolidated into a single colony in 1831, and the capital was made at Georgetown. The colony was initially developed for sugarcane plantations and was built exploiting both human resources (African slaves) and the natural resources. Arbitration: Following the Treaty of Washington on February 2, 1897, Venezuela and Great Britain agreed to place their contending claims to a tribunal consisting of five judges: two appointed by the British, two appointed by Venezuela and a fifth judge, the president of the tribunal, chosen by the other four judges. The tribunal was set up in 1898, and began proceedings by receiving written submissions from Venezuela and Great Britain. The Award was announced after the legal teams from each side made their oral presentations between June and September 1899; it upheld Great Britain’s ownership to the territory west of the Essequibo but denied British Page 4 of 14 | Research Report Dhirubhai Ambani International Model United Nations 2019 entitlement to the upper Cuyuni basin and an area of land on the eastern bank near the mouth of the Orinoco River. The territory awarded to the British included a 4000 square-mile block south of the Pakaraima Mountains, bordered by the Cotinga River on the west, the Takutu River in the south and the Ireng River in the East and the North. Following acceptance of the award of the tribunal, Great Britain and Venezuela appointed a mixed commission that carried out surveys and demarcated, between 1901 and 1905, the boundary as stipulated by the award. Mallet-Prevost Memorandum: The Arbitral tribunal consisted of two American Judges on behalf of Venezuela, two British Judges on behalf of British Guiana and a Russian Judge that acted as the President.