Formerly battleships needed invulnerable empires and huge armies to block a country. Today them just one officer and one judge who does not believe in the sovereignty of their homeland.
The judicial coup against Venezuela began to demand of 12,000 million dollars from Exxon in foreign jurisdictions.
Now is reactive with the rejection by the Court of Appeals United States Venezuela appeal against the tax of 8,000 million dollars for investors Bandagro. To those frivolous lawsuits
added another for 1,400 million dollars filed by Cemex, which aims to determine the International Centre for Settlement of Investment Disputes (ICSID), an agency of the World Bank.
and to these are added those who are to engage Conoco, Gold Reserve and Intesa, also by excessive amounts, also against foreign bodies that decide not respect our Constitution and our laws.
As foreclosure to satisfy claims are made by the two or more of the defendant, represent only the first three liens against Venezuela by 42,800 million dollars.
How our country has fallen into a situation in which a Venezuelan official and a judge can infer irreparable damage roughly equivalent to the loss of our reserves?
With Independence, Venezuela won the sovereign immunity from jurisdiction, which is the right and duty to resolve issues of public interest in its own courts and according to their own laws.
This principle is explicitly included in our constitution since 1893. Under the Charter of Rights and Duties of States adopted by the General Assembly UN on December 12, 1974 "2 .- A State is entitled to: a) To regulate and exercise authority over foreign investment within its national jurisdiction in accordance with its laws and regulations and in accordance with its objectives and priorities . No State shall be compelled to grant preferential treatment to foreign investment, b) regulate and supervise the activities of transnational corporations within its national jurisdiction and take measures to ensure that such activities comply with its laws, regulations and provisions and agree with their economic and social policies. "
And according to Article 35 of the "Protocol Cartagena de Indias ", which amends the Charter of the OAS," Transnational corporations and foreign private investment are subject to the laws and jurisdiction of the competent national courts of the host countries and international treaties and agreements in which they are parties also must comply with terms of development of recipient countries. " The present Constitution enshrines
jurisdictional immunity in Article 1 of its fundamental principles according to which "are inalienable rights of the nation's independence, freedom, sovereignty, immunity, territorial integrity and self-determination national. " And Article 151 mandates that "The contracts of public interest, if not inappropriate according to the nature thereof, shall be deemed included even if not expressed, a clause that the doubts and controversies that may arise from such contracts and which can not be resolved amicably by the contracting parties shall be decided by the competent courts of the Republic, in accordance with its laws, without which no reason or cause may give rise to foreign claims. " But in our country
officials circumventing the Constitution included in the contracts of public interest clauses submission to foreign courts and sentencing judges who do not know that Venezuela has no immunity from jurisdiction.
Without these officers and magistrates unconditional interest of transnational corporations, or Exxon, or bond holders Bandagro or Cemex, or Conoco or Gold Reserve, or Maxipista or Intesa or any other foreign company may claim to condemn Venezuela in Abroad, then to operate in our country are subject to the Constitution and the laws of Venezuela.
Nothing can our government officials and judges whether it subject to foreign courts, the Constitution and laws are worthless if reviewers or foreign court conviction violates us.
The submission of disputes public interest of developing countries to judges or arbitrators in developed countries was the masterstroke of the FTAA, in which it reserved the right to cancel foreign judgments and awards by acts of Congress and executives in defense of national interest. But the FTAA dead
continues to exercise judicial dictatorship in our countries through treaties or domestic laws to protect and promote investments and acts of surrender of sovereignty to transnational corporations by the widows of the FTAA, national officials and judges.
This policy means the end of the XXI century socialism, "because it can not perform the necessary expropriations, if each and every one of them and the amount of compensation subject to the approval of a World Bank body. Let us add that the ICSID
decide regardless constitutions or local laws, which decided 232 cases only 2 against the TNCs, and that compensates them, not only the price of the expropriated property, but also the expected profit for the multinational .
What if the oil companies decide who expropriated in 1976 to sue foreign arbitrators give back our oil industry, but the expected benefit today?
Submit to Venezuela to ICSID arbitrators or the courts and foreigners is like an African-American subject to a court the Ku Klux Klan.
To deal with the judicial coup, banning alleged legislate exceptions to Article 151 of the Constitution, repeal existing laws and treaties for the promotion and protection of investments, without officials and judges unworthy, let us respond with its heritage of foreign claims against Venezuela that favor, accompanied Ecuador and Bolivia in its withdrawal from ICSID, for which only requires six months' notice.
judicial coup warned not kill the country. But destroys not careful.
PD: applaud the authorities to again close the infamous Casino de la Candelaria, we expect this time for good, and that the measure be extended to other dens in the country.
WHERE IS DOÑANA
Doña Doñana, the ship that you Trux you misplaced. Dejástenos a clog, a scented water, a variety of pearl lady very principal, an illuminated missal and a memory. We crossed the face of those who have seen you lied to the girls of the treatment were the soldiers of Frederiman by a trail of Indians beheaded. A brother I said and poured the legend of a visit by the Queen of Heaven. I deemed captive to lust pierced nose of a barbarian. I swore by it to submit four kingdoms Indians and make them your feet. If it was not me who has won Pablillo the deck guns and doublet and I have no Paresce, although the manner of fijosdalgo. I saw that mop in the Convent of the disease Arrepentidas and bad and ugly descent into public charity in the town of San Miguel de los Angeles de Acataurima. Over one hundred sonnets you spent while doing exams for the post of shyster, to excuse vile mechanical art, before fleeing on horseback from negraje that rose in the mines and keep me a prisoner of the caribys which resulted in no cacique blues kill me for listening to my lute. Doña Doñana, I heard from you that you were with the spirits of the forest! Begging I got those brutal people I cede from tribe to tribe, as the wind and the tenor of the stories of the young men who claimed to have seen in the delirium of the initiation or the flight of the doves! I followed the scent of flowers and musk animals and the whine of the flutes of clay that contained frogs, until the medicine man began to fear me for my rantings and lute made chips and walked through the woods the beasts away with the sound of the bone flute! She carved figures of a man and a woman who turned their backs. I asked for alms at the gates of the town of Tocuyo until they threatened me with hot irons and threw me out of the lands Rogues had shared. Your hair was picking them one at a busy sidewalk in vain. Sometimes the spiders wove. At the roadside I've found, Doña Doñana, a boorish old and toothless, sooty smoke from the wood ash in rags. I still see enough to pick corn, which grows anywhere.
( Abrapalabra , 1979)
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French version, thanks to smart friend help Romain Vallée: Books
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media dictatorship in Venezuela: www.minci.gob.ve
peace with Colombia: www.minci.gob.ve
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