Government weakens objective of the expropriations

The resignation to the G3 made difficult the protection of companies like Cemex (File)

The president of the Republic, Hugo Chavez, speaks again to expropriate companies. But, in this opportunity, the message of warning of Head of State transferred the border and went directly to the government of Alvaro Uribe, when announcing that Venezuela could take the companies from Colombian capital that make life in the country.

In this occasion, the expropriation threat is contextualised in a retaliación scene, because the same president Chávez said that this one and other measures are taken “before this new aggression of the Government of Colombia”.

For lawyer Antonio Canova, the announcement of this type of actions that include the figure of the expropriation evidence that the Executive weakens the last aim of a measurement that is contemplated in the Constitution of the Bolivariana Republic of Venezuela, but that “definitively is applied for other objectives”.

Canova, that comprised of the editors of the book Expropriations or routes in fact? (that was presented/displayed yesterday in a forum that continues until today in Caracas Palace), it stood out that the unique and last aim of all fact expropiatorio must guarantee a well-being for the society. It must, indeed, be framed in a necessity of public utility. “It never must have like intention the retaliación or the revenge. One is never due to apply like a sanction”, referred the expert.

Canova remembered that this same aim of retaliation has been applied by the Government against great companies of Creole capital.

Nevertheless, it noticed that “now we see that the expropriations are used as offensive weapons to sanction the policies of other countries. We consider that Venezuela will be very bad in international instances”.

On the other hand, Eugene Hernandez, expert in the matter of international arbitration, indicated that to the unique instrument to which the Colombian industralists could resort it is to the Law of Promotion and Protection of Investments, effective from 1999.

Hernandez explained that until year 2006 the agreement of defense of investments between the G3, conformed by Mexico, Colombia and Venezuela was active. Nevertheless, in that year the government of Chávez resigned to that agreement and for that reason such protection does not exist.

“It was by the resignation from Venezuela to the agreement of the G3 that Cemex, Mexican capital, could not either leave favored at the time of the nationalization”, it reviewed the specialist.

The resources While the president of the Republic accentuates his intentions to estatizar or to expropriate operative companies, the economist Alayón Angel removed accounts on the cost from these measures for the Nation.

Alayón indicated that during last the four years, the Republic has spent approximately 9,000 million dollars in the indemnifications of the actions expropiatorias. It added that the sum could be duplicated, because in litigations and judgments by the same actions, other $9,000 million are involved.

“We see then that the Executive has these resources that could be destined for other sectors that deserve really it, like health or education”, it indicated

Bond to emphasize in the subject of the resources with which it counts the State to cancel the nationalizations, that according to lawyer Victorino Márquez referred the expropriations would have to be compensated with contante money and sonante. “That is tried to cancel with bonds it represents a violation the guarantees that must be fulfilled in all fact expropiatorio”, it emphasized.

Maria Gabriela Aguzzi V.
THE UNIVERSAL ONE