Surinam-Guyana Maritime and Territorial Disputes: a Legal and Historical Analysis

• Author: Dr. Thomas Donovan
• Pages: 127-184

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Surinam-Guyana Maritime And Territorial Disputes

Surinam-Guyana Maritime And

Territorial Disputes: A Legal And

Historical Analysis

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5Dr. Thomas Donovan

Introduction

The maritime, land, and river boundary disputes between the adjacent

South American nations of Surinam and Guyana existed long before the two

nations gained independence from colonialism. Both countries claim

sovereignty over three regions: the Courantyne River, which separates them;

the New River Triangle, which lies at the southern edge of the adjacent

countries; and part of the Caribbean Sea, which extends north from their

coastlines. The issue was of relatively little importance until both countries

discovered important natural resources in the contested legions; gold deposits

were found in the New River Triangle area and offshore petroleum

opportunities arose on the continental shelf. When both nations began to

realize that timely resolution was economically crucial, their renewed efforts

to achieve a comprehensive bilateral demarcation seemed promising.

However, after years of negotiations, during which time both sides may

have sponsored and encouraged unilateral development of the disputed regions,

a mutually agreeable settlement has proved far more elusive than originally

anticipated.1

As both nations continue to resist compromise, it becomes increasingly

probable that an international tribunal will have to become involved. Such a

tribunal would be called upon to review the histories of these nations and the

region itself, from the pre-colonial era to the present, and to evaluate the

boundary claims over time and the operative legal principles supporting

these claims. What would the tribunal ultimately decide? What legal and

historic precedents should the tribunal consider in arriving at its decision?

This paper will address these questions and offer predictions about the likely

outcomes. It will indicate that Guyana has the stronger claim to the New

128 Interview, Border and Maritime Issues in CARICOM

River Triangle, that Suriname will likely maintain title to the entire

Courantyne River, and that Guyana has the stronger claim to the “triangle

of overlap” in the offshore economic zone.

Guyana’s claims to the New River Triangle are supported by fundamental

laws of occupation. The twin elements of occupation (animus occupandi and

corpus)2 are fulfilled, detailing a clear intent and consistent occupation of the

area. On the other hand, Suriname’s claims to the New River Triangle are

based primarily on possible prescription and colonial hinterland claims. In

terms of the boundary river dispute, Suriname maintains a strong argument

for sovereignty over the entire river based upon inheritance of historic title

through uti possedetis. This title to the boundary river will affect the land

boundary terminus and reward Suriname with a beneficial territorial sea

immediately adjacent to the coast. However, this trajectory was not envisioned

to apply to the outlying maritime Exclusive Economic Zone or continental

shelf. These areas, therefore would most probably use different precedents

for the demarcation. Any international arbitration body following international

jurisprudence would most likely award these offshore areas to Guyana given

the existence of a de facto maritime line created by long-standing Guyanese

concessions.

Description of Disputed Areas

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Surinam-Guyana Maritime And Territorial Disputes

The area of the New River Triangle comprises over 6,000 square miles.3

It is the northern extension of the Amazon River containing dense forests and

snaking waterways. Large tracts of area have not been surveyed, nor has

there been any long-term substantial inhabitation. The following section

describes the geographical and maritime areas in dispute, estimated extent

of natural resources contained, and current inhabitants.

Geography and Indigenous Inhabitants of the New River Triangle

The New River Triangle is located between the Courantyne44 For this

paper a consistent spelling of Courantyne River is used. In parenthetical

citations other spellings are used such as “Corentyne,” “Corentin,”

“Corentyn,” “Korentyn,” “Corantine,” or “Corentine”.Rivers.

River to the east and the New River to the west. The southern border

extends to a watershed that forms the northern border with Brazil. An

agreement in 1799 established that the border between the predecessor states

of British Guiana and Dutch Guiana would be the Courantyne River.5

However, when this agreement was ratified, neither the colonial government

of British Guiana nor Dutch Guiana knew how far the Courantyne River

extended into the northern Amazon.