Law of the Sea Tribunal
Suriname names arbitrator
Stabroek News
March 25, 2004
Suriname has responded to the International Tribunal for the Law of the Sea on Guyana's claim and has named Professor Hans Smit as its arbitrator.
Guyana moved to the United Nations arbitration process last month, to settle its maritime border dispute with Suriname under Article 287 of the United Nations Convention on the Law of the Sea. Guyana approached the UN Tribunal after it had exhausted efforts at the bilateral level to arrive at joint exploration arrangements for the disputed maritime area.
Smit and Guyana's arbitrator, Professor Emeritus of New York University Frank Smith, will now meet to select two other arbitrators. The four will subsequently meet to select a chairman.
Former attorney-general Sir Shridath Ramphal heads Guyana's legal team which includes US-based lawyers, Paul Reichler and Pavan Akhavan. Attorney-General Doodnauth Singh SC and other designated personnel will provide them with legal and other support.
Last week, Suriname's President Ronald Venetiaan announced that his government had retained the law firm of Clavard, Swain and Moore to lead its case and local academics and lawyers will support them.
In its statement of claim, Guyana accused Suriname of breaching the 1982 United Nations Convention on the Law of the Sea when on June 3, 2000 it forcibly ejected an oil rig being operated by CGX Energy Resources which had been licensed by the Guyana government to explore for oil in its territorial sea. Suriname claims the area in which the oil rig was operating as its maritime territory, based on its western boundary which it says is the west bank of the Corentyne River. Guyana's contention is that the boundary is based on a line equidistant from identified points on the eastern and western banks of the Corentyne River.
Ventiaan told reporters that once his government responds to the Tribunal it would be bound to obey any orders that the Tribunal makes.
Apart from its claim, Guyana has also asked for some temporary measures, which among other things seek to prevent Suriname from harassing its fishermen in the Corentyne River and to refrain from all actions which would hinder a restart of exploration or similar activities in the disputed maritime area. Guyana also asks that Suriname refrain from all actions that could hinder exploration of possible oil reserves, subject to equitable provision arrangements of a practical nature as prescribed by the Tribunal such as a joint or international authority that would maintain all revenues in trust for the parties pending settlement of the dispute.
Venetiaan said if the Tribunal found that Suriname had acted incorrectly in June 2000, the Suriname would have to compensate Guyana. But he said it was in Suriname's best interest to participate in the Tribunal process since it was a signatory to the 1982 UN Convention.
The Surinamese president blamed Guyana for imposing an intolerable financial burden on the Guyanese and Suriname people. Surinamese Foreign Minister, Marie Levens estimates that the proceedings before the Tribunal which has its seat in Hamburg, Germany would cost both governments in the region of US$50 million.
In announcing the move to the United Nations for a settlement, President Bharrat
Jagdeo said it was taken as a last resort, as Suriname has continually frustrated any attempt to resolve the dispute.
He accused Suriname of taking "aggressive action to frustrate the exploration of exploitation of our hydrocarbon resources."
"For one developing country to do so to another is hard to understand; but it is worse than that because it is also a self-inflicted wound - Suriname's development prospects are blighted also. It is the poorest in both countries who are most damaged by these policies and actions," Jagdeo said.