Litigation Risk: What’s at Stake for Belize?

Professor Carlos Bernal

Litigation risk is always a consideration when legal matters go before the courts.  In this case, the resolution of the territorial dispute between both countries also comes with the possibility of Belize losing the case before the I.C.J. It is a serious and careful thought to be made ahead of the April 2019 referendum.  Professor Carlos Bernal who serves as a legal advisor in the Mexico versus United States case before the world court, shares his professional opinion on the issue of going to the I.C.J. and the risks involved.

Carlos Bernal, Professor at I.T.A.M.

That’s where I think very intelligently both countries said we are going to ask the people of Belize whether they agree to argue this before the court and also the judgment of the court, they know it will be final and binding and there will be no political considerations.  Well there will always be, you people will always have a lot of consideration but that’s it and I think it’s very intelligent.  Guatemala has done it.

Reporter

“As yes, they have voted to go to the ICJ.  Belize will vote next year.”

Carlos Bernal

“Okay.  I think Belize should vote and my recommendation is, let’s go ahead.  We cannot live next to a neighbour; you have two neighbours, right, Mexico and Guatemala.  We cannot live in a dispute, in a controversy for so many years; you have to settle the issue.”

Reporter

“Okay, can you talk about litigation risk, the risk of going to any court and actually losing.  That’s a real situation.”

Carlos Bernal

“You are a good lawyer.”

Reporter

“And the second question is, as it relates to border disputes, in this case what they are saying is that the border needs to be defined, but do we stand to lose territory based on the non-compliance of that border treaty?”

Carlos Bernal

“Well I don’t know the issue, but if you go to court there is always a risk, of losing, of winning or winning a lot, losing a lot.  In these cases it’s usually not black and white, there are considerations, et cetera.  Now certainly it depends on what the court thinks, whether the claims of one or the other party says no, this part of the territory is actually Guatemalan and not Belizean.  It has done it before.  You will say, but we’ve been, it has been ours for a hundred years or more, for many years, right.  Well, prove it.  There will be a lot of mapping, maps, historical claims, diplomatic intercourse between Belmopan and Guatemala City.  There will be a lot of considerations but the outcome, I know.  Every party always thinks it’s right.”