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May 7, 2019

PM Barrow Comments on Gian Gandhi’s Letter on the ICJ

During an impromptu press conference on Monday, Prime Minister Dean Barrow spoke of a number of issues relating to the I.C.J. A question post to the PM involved an opinion by the late Gian Gandhi. Gandhi, who served as Crown Counsel, Director of Public Prosecutions and Solicitor General before his passing, told Prime Minister Dean Barrow that a territorial adjustment as a result of an I.C.J. ruling cannot be discounted. Gandhi, in his letter, also expressed that the justices of the I.C.J. are human with different cultural and nationality backgrounds and that can influence their decision. P.M. Barrow opened on Gandhi saying that it is absolute nonsense.


Prime Minister Dean Barrow

“I don’t think what Gian Gandhi had to say was of particular moment that seem to be some sort of throw away comments that he made. Brilliant lawyer though he was, I don’t know if you want to as it were offer him in opposition to luminaries such as Sir Eli Lauterpacht. Gian Gandhi said something about the people being human, that these are judges and these are human being and given the sort of culture and nationality mix, blessings upon his soul but that struck me as absolute nonsense. Look, the people who are experts in this matter, tell you the basis on what the court has to decide. That is why it is so different from going to the CCJ where everything is at large. They go all over the world, look at precedence anything that can help them look at these commercial cases and so on. It is a very narrow compass. You go under article thirty eight one and four hierarchical basis are set out as having to be what will inform the decision. In terms of the hierarchy, what is number one? Treaty.  And so in terms our 1859 treaty which was reaffirmed and that’s it. I don’t know how Guatemala gets beyond that.”


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