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Home Legal Advice

Venezuela: A Path Under International Law

Eric Banks by Eric Banks
September 10, 2025
in Legal Advice
0

Evolving worldwide regulation affords, in theory, avenues for a consortium of countries to resolve the mixture of leadership and regime crisis in Venezuela, regardless of Nicolas Maduro’s dogged staying power to hang onto the presidency at any cost. Moreover, international norms now understand the noticeably sparkling idea of an international “duty to protect” (R2P). According to R2P, which became enshrined inside the 2005 World Summit Document adopted with the aid of UN participants, outside countries can claim assignment sovereignty and intervene where a state’s management engages in any of four grievous harms in opposition to their own residents—genocide, war crimes, ethnic cleansing, and crimes against humanity. In such conditions, formal intervention requires a UN Security Council decision empowering member states to act.

R2P has been used officially just once—in Libya for the duration of the Arab Spring when Muammar Qaddafi resorted to shelling and bombing his very own citizenry in Sirte and somewhere else in his bid to maintain strength. In this example, but R2P became truly discredited. R2P does not ponder regime alternatives, handiest that intervening international locations pressure the ruling regime to mend its ways. In Libya, the intervention to guard civilians morphed into the overthrow of Qaddafi’s government and his own loss of life.

Afterward, no authoritarian leaders worried and self-protective about their personal violations of commonplace humanitarian requirements and international criminal norms (suppose Russia’s invasion of Crimea or China’s digital seizure of the South China Sea)—wanted to legitimize any international interventions. As a result, such international locations now constantly veto any R2P-based resolutions.

Another level of worldwide regulation revolves around the popularity not of countries but governments. For example, arguably valid authorities, selected within Venezuela by a recognized constitutional process, are in the area with Juan Guaidó as president. International regulation allows any kingdom to recognize and engage with this regime.

In the Venezuela case, then, the global popularity of Juan Guaido’s presidency by over 50 nations facilitates validating his claims of legitimacy. Outside international locations can apprehend those claims, just as international locations once broke up over the competing claims of Mao and Chiang Kai-shek to be the valid leaders of China. An identified president of a given United States can solicit support and useful resources, as Guaidó has performed, and different nations may also undoubtedly respond.

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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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