Belize - Guatemala Relations

Library > Legal Opinion on Guatemala's Territorial Claim to Belize, January 2002.

JOINT OPINION OF SIR ELIHU LAUTERPACHT QC, JUDGE STEPHEN M. SCHWEBEL, PROFESSOR SHABTAI ROSENNE AND PROFESSOR FRANCISCO ORREGO VICUÑA, 29 SEPTEMBER, 2001

	Foreword
	Notes on the Contributors
	Summary
	Part One: Title to Belize - Essential Elements
	I. Preliminary Points: A. Geographical Scope of the Claim by Guatemala B. Changes in Guatemala's Position C. The Temporal Element
	II. Guatemala's Case
	III. The Approach of the Present Opinion
	IV. The Relevant Treaties A. The 1859 Convention 1. Introduction 2. The character and content of the 1859 Convention 3. The independent status of the boundary once established B. The 1931 Exchange of Notes
	V. Customary International Law A. The Law 1. Historical consolidation 2. Acquisitive prescription 3. The nature of the possession required 4. Acquiescence, estoppel and preclusion 5. The legal effect of unilateral declarations 6. Self-determination B. THE FACTS 1. British and Belize presence in the area since long before 1850 2. Guatemalan acknowledgement of British title to the whole of British Honduras (Belize) 3. Absence of any Guatemalan presence in the area before and after 1850 - Maps of Guatemala 4. Guatemala's assertions and protests 5. Proposals for international adjudication of the dispute
	VI. Guatemala's Claim to the Islands
	Part Two - Cinsideration of Other Guatemalan Contentions
	I. Guatemala's Argument Regarding the 1859 Convention as a Treaty of Cession: The Questions of Uti Possidetis and the Clayton-Bulwer Treaty A. Spanish Title Before 1821 B. Uti Possidetis C. The Clayton-Bulwer Treaty
	II. Guatemala's Argument that the 1859 Convention was Imposed on Guatemala
	III. Guatemala's Arguments Regarding Breach of the 1859 Convention and its Consequences
	Conclusions: I. The Treaty Basis of the Title to Belize
	II. The Customary International Law Basis of the Title of Belize
	Appendices: I. The Treatment of the Belize Question in the United Nations, 1945-1981
	II. The Doctrine of Uti Possidetis