Venezuela And The Importance Of International Law

We live in a highly complex, incredibly intricate world. But you didn't need me to say that, you already knew it. No doubt in your specialty, you already see how each piece of the puzzle fits together, and how disrupting one piece can often topple an entire process.

International Law is like that. It is so complicated as to be nearly impossible to describe.

Yet, when we participate in public debate, the one who often wins is the person who oversimplifies and mischaracterizes how things really work.

Intentional law is like that, too.

The President's recent action in capturing Nicolas Maduro, President of Venezuela, put both sides of this issue on full display, for all the world to see. First, the complexity: as Maduro is brought into the US Court, analysts are beginning to outline the many issues involved in his trial. To experts in International Law, this will likely be a landmark case involving many cross-border issues and complexities.

On the other hand, the Administration continues to claim that this action was a simple police action that saw the arrest and incarceration of a criminal who was under indictment in New York. There are many analysts whom I respect who see the US Case against Maduro as strong. Noted commentator, Johnathan Turley, makes that case here:

https://www.foxnews.com/opinion/jonathan-turley-why-capture-maduro-didnt-require-approval-from-congress.

As International Criminal Law is not my field, I'll have to wait and see how this trial turns out.

But what interests me is the ramifications of HOW this operation was conducted and what its impact will be in other areas of International Law. These areas may have a profound impact on our way of life.

You see, my career has been in finance, much of it in international finance, a field replete with global regulations and, yes, Laws. And not just finance, but all aspects of America's life revolve around our integration with international supply chains, finance, and consumer goods. Today's America is the most internationally dependent society ever. And as such, each of us must deal with International Law constantly.

Some in finance may deal with issues such as transferring funds from a US Bank in Los Angeles to a British Bank in London, while American consumers enjoy Chilean avocados from Walmart. Both transactions rely upon International Law. International Law provides the procedures to ensure that each transaction proceeds without a hitch.

That financial transaction falls under the oversight of the Bank for International Settlements, which, in turn, derives its authority from a series of treaties and regulations dating back to the Hague Conventions of 1899 and 1907. In the case of the avocado, that transaction falls under the supervision of the United States Court of International Trade, which came to prominence last summer with its ruling on the Trump tariffs.

When you read through the founding documents for each of these institutions, the International Trade Court, or the Bank for International Settlements, there is one concept that stands out: cooperation. International transactions depend on the central precept of collaboration: "give and take." After all, no nation is required to participate in global finance or trade. It is strictly voluntary.

The Bank for International Settlements recognized this, and, in the third paragraph of their founding document, put it this way:

“The objects of the Bank are: to promote the cooperation of central banks and to provide additional facilities for international financial operations; and to act as trustee or agent in regard to international financial settlements entrusted to it under agreements with the parties concerned.”

https://www.bis.org/about/statutes-en.pdf

Cooperation implies communication, the discussion among members of their actions and strategies, something that has been woefully absent in the current Administration. Thus, Maduro's "arrest" proceeded without notification to the US Congress, the United Nations Security Council, or any other of the international organizations whose mission is to mitigate conflict.

President Trump and his Administration acted alone, saying they needed the element of surprise to succeed. However, as the facts emerge, it becomes evident that the Venezuelan Military may have been "bought off: bribed to stand down, offering no resistance to the Americans. It would mean that there was no surprise for the Venezuelan forces; the only surprise was for the US Congress and the International Community.

It's a point that the United Nations Security Council did not miss, where country after country condemned the American action.

When the President decided to "go it alone," he effectively cut out the basis on which all areas of International Law rest, namely, cooperation. It is perilous for a country built on international trade and cooperation.

In 2024, the last full year reported, the United States imported $3.266 trillion in foreign goods and services. (Note: don't confuse "trade imports" with the "balance of trade," which first subtracts the number of US Exports.) Only seven countries have an annual GDP (Gross Domestic Product) greater than the US imports each year. We are literally importing more goods and services than the majority of countries in the world produce.

And each one of those imports relies upon International Law. Without cooperation based on settled rules, treaties, and laws, our import flow would come to a halt, and our very way of life would cease.

Noone knows this better than the US State Department and the US Treasury. An entire department, the Office of Foreign Assets Control, is dedicated to tracking the various sanctions issued by the United States.

https://ofac.treasury.gov/sanctions-programs-and-country-information

Why do we issue sanctions? Because we know that cutting off international trade is one of the most effective ways to weaken the economies of countries we deem as enemies. Why were protestors in Iran last week? Because its economy is so weak, the result of US Sanctions. The most famous of all sanctions may be against Cuba, which, since the 1960s, has suffered under US Sanctions. It should come as no surprise that Venezuela also lives under US Sanctions, and has a severely impaired economy as a result.

Conclusion

We live in a world founded upon the twin pillars of international law and international cooperation. The United States, above all others, has benefited from the free flow of goods and services, which have brought us one of the highest standards of living in the world.


Now consider this: many see President Trump's actions as going against Global conventions and cooperation. The United States is becoming, in their eyes, a "lone wolf", acting only for its own benefit and profit.

Will the other countries stand by and accept this? Perhaps not. At least that's the answer from China, which has already played the "rare earths" card and, as a result, has seen President Trump dramatically reduce Chinese tariffs.

The President continues to play with fire, believing that the world will cower to his actions. How would he feel if the international community turned and issued sanctions against the US as a result of these rogue actions? Trump is betting that won't happen. But it's a bet we cannot afford to lose.

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