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The court, which is at a lower level in the United States Supreme Court, ruled Wednesday that the recognition of Guaidó to the presidency of Venezuela by President Donald Trump on January 23, binds the US courts. Bloomberg.
The United States was the first country to recognize Guaidó as interim president on Jan. 23 and adopted tough economic sanctions to force Maduro to leave, with support from Cuba, Russia and China. Thus, one of the objectives of the Trump Government is to evade the regime control of resources of all Venezuelans.
The case about which the Court failed is a complaint by Rusoro Mining, a Russian-based, Vancouver-based company that operated two mines in the town of El Callao in southeastern Venezuela. , nationalized in 2011. by the then President Hugo Chávez, who died today. "Because the President (for Trump) has recognized Guaidó as the legitimate representative of the Republic, only his representatives can badert the interests of the Republic in US courts," said the firm's lawyer. Arnold & Porter in the trial.
In the ruling, the court explains that Guaidó is recognized by the judiciary in the United States as interim president of Venezuela because the US executive made the "political" decision to grant him that status on January 23. "Which government should be considered here as a representative of a foreign state is a political rather than a judicial matter, and should be determined by (…) the governors," said the court of appeal, citing previous decisions establishing the case-law of this case.
According to the court order, the decision of the US executive "to recognize a foreign government" is "final for all national jurisdictions, which are bound to respect this determination". The lawyer José Ignacio Hernández, appointed by Guaidó as "special advocate", celebrated the decision on Twitter.
The determination does not give details of the status of this case and mentions only the name of Rusoro Mining and another company, Goldfields, which operated one of the mines in Venezuela that Rusoro Mining subsequently acquired.
The decision is the first judicial order on the legitimacy of Guaidó as president of Venezuela. Until now, the recognitions had always been political: first among the states, when more than 50 countries have supported and accepted its ambbadadors, then in international organizations such as the OAS and the IDB, where the leader of Voluntad Popular has succeeded to accept his envoys.
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