JOURNAL ARTICLE
'Maduro Board' of the Central Bank of Venezuela v 'Guaidó Board' of the Central Bank of Venezuela.
Published In: ICSID Review: Foreign Investment Law Journal, 2023, v. 38, n. 2. P. 294 1 of 3
Database: Business Source Ultimate 2 of 3
Authored By: Rees-Evans, Laura; Carvosso, Rhys 3 of 3
Abstract
The article focuses on the United Kingdom Supreme Court's (UKSC) December 2021 judgment clarifying the legal effect of the British government's recognition of Juan Guaidó as interim President of Venezuela and the application of the foreign act of state doctrine under English law. The UKSC held that the executive certificate recognizing Guaidó is conclusive and binding on English courts, rejecting the Court of Appeal's distinction between de jure and de facto recognition and emphasizing that courts must give effect to express government recognition without inferring implied recognition. The judgment also addressed challenges to Guaidó's appointments to the Central Bank of Venezuela's board, affirming that such sovereign acts are generally non-justiciable under the foreign act of state doctrine, while noting that foreign judicial decisions conflicting with UK public policy and the government's recognition may not be enforced. This ruling has significant implications for the legal representation of Venezuela in UK courts and arbitration, highlighting a divergence between English domestic law and international law approaches to recognition and effective control.
Additional Information
- Source:ICSID Review: Foreign Investment Law Journal. 2023/04, Vol. 38, Issue 2, p294
- Document Type:Article
- Subject Area:Politics and Government
- Publication Date:2023
- ISSN:0258-3690
- DOI:10.1093/icsidreview/siad004
- Accession Number:172308736
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