The creation of a binational zone between Colombia and Venezuela in the department of La Guajira, announced through a memorandum of understanding by both governments, has raised questions from the legal sector.
(See: Chevron Receives License to Resume Operations in Venezuela)
According to Ricardo Abello, professor of International Law at the Faculty of Law at the Universidad del Rosario, the document must follow the constitutional procedure of an international treaty before entering into force.
“The agreement has all the characteristics of an international treaty and must be approved by Congress through law, and subsequently reviewed by the Constitutional Court,” Abello explained.
(Read more: What does the memorandum for the binational zone between Colombia and Venezuela contain?)
According to the academic, the legal instrument, although called a memorandum of understanding, constitutes an agreement between States and, as such, must be subject to the legal controls established in the Constitution and in the Vienna Convention on the Law of Treaties, signed by Colombia.
Mayor's Office of Cúcuta
The expert maintained that any attempt by the Executive to implement the binational zone without complying with these steps would represent an action contrary to constitutional principles."The procedure exists to guarantee democratic control of this type of international act," he added.
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Abello also drew attention to the political and territorial implications of the agreement, noting that the issue cannot be separated from the historical tensions between the two countries."Venezuela has never fully recognized Colombia's sovereignty over La Guajira. It has even questioned the arbitration award that awarded that territory to Colombia," he noted.
In this context, he warned that an initiative like the binational zone could generate interpretations that affect Colombia's legal position regarding its territorial integrity.
(Read: Economic zone of Colombia and Venezuela, without a concrete plan)
AFP
Another point raised by the professor concerns the delimitation of the maritime border in the La Guajira area, an issue that remains unresolved."It is the most sensitive point in the bilateral relationship and has not been resolved since independence," he stated. In his view, any border cooperation agreement should be preceded by a formal delimitation process between the two countries. (Read more: ) The academic noted that there are precedents of bilateral economic cooperation, such as the agreements for the supply of fuel in the Cúcuta area. However, he emphasized that these agreements were signed through treaties with full legal validity. “In this case, we are not seeing that same rigor,” he said.
Regarding the potential economic benefits that could arise from a binational zone on the border,
the professor acknowledged that they could be significant for the region, but insisted that the legal implications and historical background cannot be ignored.
“The risk is not just legal, it is one of sovereignty. The history and territorial history with Venezuela oblige us to be extremely careful,” he concluded.
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