Back TITLE II
GEOGRAPHICAL SPACES AND
POLITICAL DIVISION
Territory and Other
Geographical Spaces
Article 10: The territory and other geographical spaces of the
Republic are those which belonged to the Captaincy-General of Venezuela before
the political transformation begun on April 19, 1810, as amended by virtue of
the treaties and arbitration awards which have not been vitiated with nullity.
Article 11: The full sovereignty of the Republic is exercised on
the continental, and insular spaces, lake and river spaces, territorial sea,
historic, vital and inland sea areas, and those lying within such straight
baselines as have been adopted or may come to be adopted by the Republic; seabed
and under the seabed of
the aforementioned; the continental, insular and maritime air space and the
resources located within the aforementioned spaces, including genetic resources,
migratory species, derived products and any intangible components that may be
present within the aforementioned spaces because of natural causes.
The
insular space of the Republic includes the Archipelago of Los Monjes, Las Aves,
Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of
Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos
Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys
and banks located or coming in the future to emerge from the territorial sea,
that covering the continental sheaf or that lying within the limits of the
exclusive economic zone.
As
to the water spaces consisting of the contiguous maritime zone, the continental
sheaf and the exclusive economic zone, the Republic exercises exclusive rights
of sovereignty and jurisdiction on such terms, to such extent and subject to
such conditions as may be determined by public international law and national
law.
The
Republic has rights in outer space and in those areas which are or may be the
Common Property of Humanity, on such terms, to such extent and subject to such
conditions as may be determined by public international agreements and by the
national legislation.
Article 12: Mineral and hydrocarbon deposits of any nature that
exist within the territory of the nation, beneath the territorial sea bed,
within the exclusive economic zone and on the continental sheaf, are the
property of the Republic, are of public domain, and therefore inalienable and
not transferable. The seacoasts are
public domain property.
Article 13: The territory shall never be assigned, transferred,
leased or in any manner whatsoever conveyed, even temporarily or partially, to
foreign States or other international law subjects.
The
geographical space of Venezuela is an area of peace.
No foreign military bases or facilities having purposes that are in any
way military shall be established within such space by any power or coalition of
powers.
Foreign
States or other international law subjects shall be permitted to acquire real
property only for the quarters of their diplomatic or consular delegations,
within such area as may be determined and subject to guarantees of reciprocity,
with such limitations as may be established by law.
In all such cases, national sovereignty shall remain intact.
There
shall be no conveyance of title to vacant land existing within the federal
dependencies and on islands in rivers and lakes, and the right to use the same
shall be granted only in a manner that does not involve, directly or indirectly,
the transfer of title to the land.
Article 14: The law shall establish a special legal regime for
those territories which, by the freely adopted decision of their inhabitants and
with the approval of the National Assembly, come to be incorporated into the
territory of the Republic.
Article 15: The State is responsible for establishing an overall
policy in land, insular and maritime border areas, preserving the territorial
integrity, sovereignty, security, defense, national identity, diversity and
environment in accordance with cultural, economic and social development and
integration. Taking into account
the inherent nature of each border region through special financial allocations,
an Organic Law on Borders shall determine the obligations and objectives
comprising this responsibility.
Chapter II
Political
Division
The
political division of the territory shall be regulated by an organic law which
shall guarantee municipal autonomy and administrative/political
decentralization. Such law may
provide for the creation of federal territorial in certain areas within the
States, the taking effect of which shall be subject to the holding of a
referendum to approve the same in the organ concerned.
By special law, a federal territory may be given the status of a State;
being allocated part or all of the territorial area concerned.
Article 17: Federal dependencies are the maritime islands which
are not incorporated into the territory of a State, as well as any island that
may form or appear in the territorial sea or that covering the continental
sheaf. Their regime and
administration shall be provided by law.
Article 18: The city of Caracas is the capital of the Republic
and the seat of the Organs of National Power.
The
provisions of this article shall not prevent the exercise of National Power
elsewhere in the Republic.