Venezuela continues to grow at trials foreign courts and arbitrators of the World Bank, such as the International Centre for Settlement of Investment Disputes (ICSID).
frivolous claims are excessive in amount, because they demand compensation for the "expected profit", because Article 153 of our Constitution pattern that disputes over contracts of public interest should be resolved under our laws and by Venezuelan courts.
can not be decided by arbitrators disputes over contracts of public interest as well as arbitration can decide not murder trials, as both are substances of public and private agreements do not depend on private in nature.
But transnational drag Venezuela before arbitral foreign and hostile statements referring to them as written by Luisa Estela Morales Lamuño on October 17, 2008 to the Constitutional Chamber of the Supreme Court, that "this room shares the criterion that settled the Political Administrative Chamber of the former Supreme Court Justice in the August 17, 1999, in conjunction with Article 127 of the 1961 Constitution, under which "(...) is evident (...) that the wording of that provision leaves no doubt that constituent to include in contracts in the public interest exception if not irrelevant in accordance with the nature of them are hosted on the immune system that had already established the constitution of 1947. Otherwise the system that prevails in developed countries, which constantly undergo their international disputes to arbitrators chosen by each state, seeking thereby to prevent the domestic jurisdiction of any of these tent-like look inevitably to favor their country in the dispute in question (...). "
According to that decision, the immunity of jurisdiction, Article 1 of the Constitution includes among the sovereign and inalienable principles of the Republic, would be "relative immunity." This would prevent the domestic jurisdiction of Venezuela "tent-like look inevitable" to promote his country in the dispute concerned. "
As a woman can not be half pregnant, sovereignty can not be relative. Sovereignty includes the absolute power, perpetual and irrevocable be a republic of laws and enforce them and decide disputes that arise over them. Losing one of these powers is to lose everything. Needless to legislate and enforce laws with the authorities, when foreign arbitrators or judges can invalidate their actions.
is moving the Supreme Court's concern for the interests of foreign capital. Statements such as that provided to the transnational enemies of Venezuela a golden bridge to drag the "relative immunity" of our country to foreign arbitrators or judges to "avoid the domestic jurisdiction" we can "favor."
How Venezuela deliver absolute sovereignty, perpetual and irrevocable? In the same sentence is given a discretion tailored to the interests of transnational
"In matters of arbitration, it is a dogma in the Venezuelan legal system that the willingness shown by the State to submit to the arbitral jurisdiction must be in writing, as it must be explicit and well demarcated on what subjects or issues can relate, which assumes as enunciated above, formalizing the agreement that is made in writing, is free and unequivocal. "
suffice then a "consent to be made in writing" for us to lose the indispensable principle of sovereign immunity from jurisdiction, which can not be transferred, as sovereignty or resignation or transferred. Following the same logic would only take a "consent to be made in writing" so that we transfer to foreign powers sovereign powers to create our laws, applying them and, as declared by the sentencima above, to interpret the disputes on matters of public interest .
If we want to stop us and ruin condemn foreign arbitrators or judges, we should appoint judges who believe in Venezuelan sovereignty and immunity from jurisdiction of Venezuela, and defend their judgments.
Other bridges of gold for the judicial coup Treaties are called Investment Promotion and Protection, with provisions similar to those of the FTAA dead. The agreement between the Bolivarian Republic of Venezuela and France, the Parties undertake not to apply measures of expropriation or nationalization or other strip that effectively, directly or indirectly, nationals or companies of another Party in the territory and in the maritime area. The agreement with Canada also prohibits Venezuela to nationalize, expropriate or subject to equivalent measures of Canadian investment. All disputes subject matter to ICSID. I reiterate that while we maintain these standards against the sovereignty and ratify the judges that support, we can say goodbye to the XXI century socialism: we can not even perform basic expropriation as those at the time did make the Fourth Republic. The only power of the Venezuelan state would take care of foreign interests who exploit us.
If you want the sovereign actions required to build socialism Venezuela are nullified by foreign judges or arbitrators, we 1) reformed Law on the Promotion and Protection of Investment, Article 22 of the Republic unconstitutionally subjected them , 2) terminate the Promotion and Protection Agreements Investment containing similar clauses 3) retire Rules, which only requires six months notice 4) enacted laws that criminalize and do respond with their heritage to officials unconstitutionally clauses sign waivers of immunity from jurisdiction.
Until we do, the fate of Venezuela and its revolution depend on foreign arbitrators subsidiary of the World Bank and transnational law firms.
PD: I have a week without being able to connect to the Internet using that payment ABA CANTV.
NO BUSINESS
Cited before you all, resolutely and deny any guilt in advance, what happens is I do not know anything about business. I found myself wondering how a career and lo! Unexpectedly Mister Godwin appears to me and I offered to finance the election campaign for President, I ask, and if we lose, then I do not clarify matters, the other candidates' campaign finances also Mr. Godwin. Elevated to this highest office by the will of the people, the day of the inauguration Mr. Godwin appears to me and asks me what I do with large deposits of the Republic, and I know what I can answer, Mr. Godwin, but I do not know anything business. He says Mr. Godwin, never mind, I was exploited, but yes, of course, would be good for reasons inherent in the development you provide me the necessary credits without interests in the Plan for the Promotion of Industry and other things that you will ride away although he does not know anything about business. But where I get money to give me credit, Mr. Godwin, I ask, and answer me, never mind, I will lend it, but relevant interests for a developing country. Accept accept Alegrísimamente say, oh, but Mr. Godwin puts a sad face, I said that I do not understand, which is not so easy, that nothing can be if not created the climate for investment, ie tax breaks, ie, prisons, ie tanks, ie planes, ie, submarines, ie informers General ie with medals and stuff
and I say, but all that will come out expensive, Mr. Godwin, but he immediately and has the solution, and I run with all expenses, and how, I say I do not know anything about business, and says Mr. Godwin, I sell a surplus of those things, but how real the commitments, easily, I say, I they are willing, but with appropriate interest.
course, such sales deserve special favors and tax exemptions on import tariffs and free admission for all the things that comes to sell Mr. Godwin, and yet, poor Mr. Godwin, at the end of the year there is nothing to charge tax to their businesses because they will sell the material of the sites below cost at the same Mister Godwin, and thus to avoid bankruptcy, more sales, more exemptions, more credits, more confidence to investors and to pay all that raising taxes and selling land to foreigners lakes hills houses men children heavens rivers seas fish water air forest birds and rocks are declared hunger and plague and the people protest and there is hubbub and the revolution, and brought before the high court how I can explain, how I can convince them that there has been a matter of malice, that happens, just do not know anything about business.
( Rajatabla, 1971)
http://luisbrittogarcia.blogspot.com
http://luisbritto.wordpress.com
French version, thanks to smart friend help Romain Vallée: http://luisbrittogarcia-fr.blogspot.com
Luis Britto Books online:
Rajatabla: www.monteavila.gob.ve
Luis Britto Books Internet:
media dictatorship in Venezuela: www.minci.gob.ve
peace with Colombia: www.minci.gob.ve
0 comments:
Post a Comment