The Defense of the Rights and Interest of the Venezuelan State by the Interim Government Before Foreign Courts. 2019-2020

By José Ignacio Hernández G and Allan R Brewer-Carias

This book analyzes the defense of the rights and interest of the Venezuelan Interim Government established according to the February 2019 "Statute that Governs the Transition to Democracy to Restore the Enforcement of the Constitution of the Bolivarian Republic of Venezuela" issued by the National Assembly of Venezuela, before foreign courts. The book analyses the matter not only from the Venezuelan Constitutional and Administrative Law perspective, but also from the general principles of government recognition in International Law as well as in the United States and the United Kingdom Law.According to the decisions of the National Assembly, on January 23, 2019, several countries recognized the speaker of the National Assembly of Venezuela as the Interim President of the country, based on the constitutional interpretation adopted by the National Assembly according to which, due to the illegitimacy of the presidential election held on May 20, 2018, the speaker should assume the presidency of Venezuela according to Article 233 of the Constitution, to promote the restoration of the rule of law, according to Article 333 of the 1999 Constitution. Shortly after, the National Assembly approved a special Law to regulate the process of transition and the functions of the Interim President, the Transition Statute.Because at that time Venezuela was involved in complex litigations in the United States based on claims filed by the legacy creditors, the political recognition of the Interim President become a question of law. Considering the precedents about government recognition and the act of state doctrine, the United States Judiciary accepted the Interim President as the exclusive representative of Venezuela and considered the decisions adopted by the National Assembly and the Interim President as valid and binding ones. The United Kingdom Judiciary adopted a similar decision. Accordingly, between 2019 and 2020, foreign courts derived legal and practical consequences from the political statements of recognitions issued since January 2019.

• Format: Paperback
• Language: English
• ISBN: 1636255361
• ISBN13: 9781636255361
• Release Date: May 2021
• Publisher: Fundacion Editorial Juridica Venezolana
• Length: 538 Pages
• Weight: 1.72 lbs.
• Dimensions: 1.2" x 6.0" x 9.0"