Background and study of the special agreement between guatemala and belize to submit guatemala's territorial, insular and maritime claim to the international court of justice

BACKGROUND AND STUDY OF THE SPECIAL AGREEMENT BETWEEN GUATEMALA AND BELIZE TO SUBMIT GUATEMALA’S TERRITORIAL, INSULAR AND MARITIME CLAIM TO THE INTERNATIONAL COURT OF JUSTICE. By Gustavo Adolfo Orellana Portillo

To the Ministry of Foreign Affairs of Guatemala, especially the Belize Commission.

To my parents

Oscar Rigoberto Orellana Cordón (+) Octavila Portillo Chacón de Orellana (+)To my wife To my children

Lilián Lisseth Lacs Palomo de Orellana Oscar Gustavo and Laura Paulina

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INDEX

PROLOGUE

INTRODUCTION

CHAPTER 1 1.1. HISTORICAL SUMMARY OF THE TERRITORIAL DISPUTE

1.1.1. BEFORE SIGNING THE 1859 CONVENTION 1.1.2. THE ANGLO-GUATEMALAN CONVENTION OF 1859 1.1.3. THE 1863 CONVENTION 1.1.4. DIPLOMATIC CORRESPONDENCE OF 1884 1.1.5. CORRESPONDENCE BETWEEN 1931AND 1935 1.1.6. ALTERNATIVE PROPOSALS OF THE GUATEMALAN GOVERNMENT IN 1936 1.1.7. ARBITRATION PROPOSAL OF 1937 1.1.8. DECLARATION BY THE GUATEMALAN CONGRESS IN THE YEAR 1946 REGARDING EXPIRY OF THE 1859 CONVENTION 1.1.9. PROPOSAL TO THE UNITED KINGDOM AND GUATEMALA BY MEDIATOR WEBSTER IN 1965 1.1.10. DECOLONIZATION AND THE EMERGENCE OF BELIZE AS AN INDEPENDENT STATE 1.1.11. PROPOSALS OF 19771.1.12. HEADS OF AGREEMENT BETWEEN THE UNITED KINGDOM,

GUATEMALA AND BELIZE OF 1981 1.1.13. BELIZE’S INDEPENDENCE 1.1.14. MEETINGS OF ROATAN OF 1990

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1.1.15. THE RECOGNITION OF THE STATE OF BELIZE BY GUATEMALA 1.1.16. THE RULING ISSUED BY THE CONSTITUTIONAL COURT IN THE YEAR 1997 1.1.17. THE “CLARINADA” OF 1999 1.1.18. MEDIATION BY THE ORGANIZATION OF AMERICAN STATES IN THE YEAR 20001.1.19. FACILITATION PROCESS IN THE BELIZE-GUATEMALA DIFFERENDUM 1.1.19.1. 1.1.19.2. SUMMARY OF THE FACILITATORS’ PROPOSALS GUATEMALAN GOVERNMENT REACTION TO THE

FACILITATORS’ PROPOSALS 1.1.20. AGREEMENT ON A FRAMEWORK FOR NEGOTIATIONS AND

CONFIDENCE BUILDING MEASURES 1.1.20.1. NEGOTIATIONS FOR THE MARITIME AREA OF THE TERRITORIAL DISPUTE 1.1.20.2. 1.1.20.3. RECOMMENDATION OF THE SECRETARY GENERALACCEPTANCE OF THE RECOMMENDATION OF THE SECRETARY GENERAL OF THE OAS BY GUATEMALA AND BELIZE 1.1.21. NEGOTIATION, INTERNAL CONSULTATIONS AND SIGNATURE OF THE SPECIAL AGREEMENT

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CHAPTER 2

2.1. 2.2.

PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES CLASSIFICATION OF THE MEANS OF PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 2.2.1. POLITICAL OR NON JURISDICTIONAL MEANS 2.2.1.1. 2.2.1.2.DIPLOMATIC NEGOTIATIONS THIRD-PARTY INTERVENTION: GOOD OFFICES AND MEDIATION 2.2.1.3. 2.2.1.4. ENQUIRY FACILITATION

2.2.2. JUDICIAL OR JURISDICTIONAL MEANS 2.2.2.1. 2.2.2.2. INTERNATIONAL ARBITRATION THE INTERNATIONAL COURT OF JUSTICE

CHAPTER 3

3.1.

STUDY OF THE SPECIAL AGREEMENT BETWEEN BELIZE AND GUATEMALA 3.1.1. THE PREAMBLE 3.1.2. THE COMMITMENT OF THE PARTIES 3.1.3. INTERVENTIONS3.1.4. APPLICABLE LAW AND THE PURPOSE OF THE COMMITMENT 3.1.4.1. 3.1.4.2. APPLICABLE LAW OBJECT OF THE DISPUTE

3.1.5. PROCEDURE BEFORE THE INTERNATIONAL COURT OF JUSTICE 3.1.6. LANGUAGES TO BE USED DURING THE PROCESS 3.1.7. EXECUTION OF THE JUDGEMENT

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3.1.8. ENTRY INTO FORCE 3.1.9. SUBMITTAL OF THE COMMITMENT TO REFERENDUM OF THE PEOPLES OF GUATEMALA AND BELIZE 3.1.10. NOTIFICATION 3.1.11.REGISTRATION 3.1.12. CLOSING

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EPILOGUE

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REFFERENCES 5.1. 5.2. BIBLIOGRAPHICAL INTERNATIONAL LAWS

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ANEXES

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PROLOGUE

On December 8, 2008, the Special Agreement between Guatemala and Belize to submit Guatemala’s territorial, insular and maritime differendum to the International Court of Justice was signed at the headquarters of the Organization of American States.It included the commitment of both States of acceding to the jurisdiction of this organ in order to settle the existing territorial dispute. By signing this agreement, a longstanding process of negotiations that began in 1994 comes to a conclusion, allowing the State of Guatemala to claim its corresponding rights over Belizean territory and letting a judgment put an end to this dispute.

This...