Belize Case

Abstract

States — Accession to independence — Belize — Territorial dispute between Guatemala and United Kingdom concerning Belize — Whether preventing exercise of right of self-determination by people of Belize — United Nations General Assembly Resolution calling for independence of Belize, 1980 — Accession of Belize to independence in 1981 — Recognition by Guatemala in 1991

Recognition — Effect of recognition — Recognition of States — Belize — Non-recognition by Guatemala because of continuing dispute with United Kingdom concerning territorial sovereignty over Belize — Recognition of Belize by Guatemala in 1991 — Whether implying abandonment of territorial claim

Treaties — Conclusion and operation — Constitutional limitations — Agreement by Guatemala and Belize to establish diplomatic relations — Whether Government of Guatemala empowered to conclude such an agreement — Whether agreement requiring approval by Guatemalan Congress prior to establishment of relations and appointment of ambassadors — Guatemalan Constitution 1985, Article 171 and Transitional and Final Provisions, Article 19

States — Conduct of foreign relations by executive — Recognition of foreign State and conclusion of agreement to establish diplomatic relations — Whether subject to approval of national parliament — Recognition of Belize — Guatemalan Constitution, 1985 — Other acts of protocol and international courtesy performed by executive — Whether subject to constitutional review

Territory — Sovereignty — Dispute regarding sovereignty — Belize — Dispute between Guatemala and United Kingdom regarding sovereignty over British colony of Belize — Accession of Belize to independence — Subsequent recognition by Guatemala — Effect on territorial dispute

Treaties — Termination — Non-performance — Boundary Treaty concerning Belize between Guatemala and United Kingdom, 1859 — Recognition by Guatemala of sovereignty of United Kingdom over Belize — Requirement of payment of compensation to Guatemala — Failure by parties to implement treaty and agree amount of compensation — Whether causing treaty to lapse — Declaration by Guatemalan Congress in 1946 that treaty no longer in force — The law of Guatemala