On Friday, a section of the media was in Mexico City where we spoke to Professor of International Law, Carlos Bernal. He's an authority on the International Court of Justice - where he has advised the Mexican Government on the only case that country ever took to the court - which it won.
We asked him about the issue of "litigation risk" - which is the possibility of losing something you have when you take someone to court. For Belize, that risk at the ICJ could be part of our territory - no minor consideration. He discussed that thorny subject:
Carlos Bernal, Professor of International Law - ITAM
"If you go to court there is always a risk, of losing, of winning. Or of winning a lot, losing a lot. In these cases usually it's not black or white. There are considerations etc. Now, certainly depends on what the court thinks, whether the claims of one or the other party say which part of the territory is actually Gutemalan and not Belize. It has done it before. You would say it has been ours for 100 or more years right. Well prove it. There will be a lot of mapping, maps, historical claims, diplomatic intercourse in between Belmopan and Guatemala. There will be a lot of considerations and both think that they are right. That's why you are litigating. You have to consider whether, I think that will be a decision of your government. I repeat, I think that you cannot not keep on living for many years with an internal dispute with your neighbor."
Professor Bernal also discussed the current make-up of the panel of judges at the ICJ - and what Belizeans might want to be mindful of:..
Carlos Bernal, Professor of International Law - ITAM
"They have 15 judges from all over the world. Now, it's Latin America or the Caribbean; one judge from Jamaica, one judge from Brazil. The Jamaican judge took the place of a Mexican judge. The judge of Jamaica he has great experience as a public officer in Kingston Jamaica. So I think that will give you confidence. Also, there are judges from all over the world. You may be interested in knowing that for the first time in the history of the court, the court have no British and English judge. Which can be something you have to study, because obviously Belize and England are Commonwealth, very well related, but judges are individuals. They don't represent their countries."
Tomorrow, we'll have the last part of our interview with Professor Bernal.
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