ASNOM and independent Republic of Macedonia against the Bucharest Agreement of 1913 and the Versailles Peace Agreement - Legal and International Effects

By Atanas Stojanoski
Attorney at Law
Skopje, Macedonia

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In law whenever an agreement is made between contracting parties, there is always the possibility of the appearance of a non-contracting party whose legal interest is affected with the said contract. Whenever this non- contracting party appears, it can proceed with its own legal motion with the intention to cancel or annul the contract in question that is to its own detriment. This same rule applies in law as well as in diplomacy.

It is my belief that the following will be of a great surprise to all of us - Macedonians, wherever we are.

After the internet publication of all the agreements and protocols relating to the partition of Macedonia and other inter-partes agreements between the Kingdoms of Servia, Bulgaria and Greece in their affaires in the Balkans, I came to the legal conclusion that with the establishment of the contemporary Macedonian state (ASNOM) whose offspring today are we as independent Republic of Macedonia - we are this non-contracting party with legal interest.

In short, with the holding of the ASNOM Assembly and the proclamation of independence of the Republic of Macedonia, we Macedonians directly and effectively have contributed to the legal cancellation of the effects of all agreements and contracts, public or secret with which the Kingdom of Servia, the Kingdom of Bulgaria and the Kingdom of Greece - as contracting parties, with amen of the Great Powers at the time, previously partitioned the Macedonian lands and people.

With the ASNOM Assembly, Serbia as a state-heir of the Kingdom of the Serbs, through its historical transformation to Republic of Serbia as member of the Socialist Federal Republic of Yugoslavia, directly, effectively and by any standard of international law and diplomacy lost its part of Macedonia, which she took with the Bucharest Agreement of 1913 later sanctioned by the Versailles peace agreement.

For nearly 40 years (SFRJ) we Macedonians lived in fallacy about the new and modern Yugoslavian unity whose political and diplomatic activities were in direct opposition and restraint to Macedonian unity.

With the proclamation of the independent Republic of Macedonia in 1991 and our international recognition as an independent state (irrelevant of the so-called "name issue") by the then Great Powers (France, Great Britain and Russia) and now USA, they directly, effectively and by any standard of international law and diplomacy cancelled the effects and consequences of the previous agreements, because all besides USA have blessed these very agreements and protocols.

With these legal and diplomatic moves, we Macedonians today have directly contributed to the cancellation of the consequences of the Bucharest peace agreement of 1913 and the Versailles peace agreement relating to all of the Macedonian lands and Macedonian population.

We are in legal misapprehension if we are looking for some hidden article in these agreements that allegedly states that if we proclaim an independent state of Macedonia, we will have the right to request return of the other parts and this only article will by our instrument to unite.

The right of unification is ours by standards of international law anyway.

If such an article exists, it only means that even under those historical circumstances the contracting parties were fully and legally aware of the possible consequences of the appearance of an independent Macedonian state on the Balkans against their territorial conquests and diplomatic wishes. This is the reason why two of the three contracting parties do not recognize us today.

The Republic of Macedonia has full diplomatic and international right to request its remaining parts under occupation with the existing blessing by international law from the heirs of the Great powers, the contemporary European Union, Russian Federation and USA.

Since all the key agreements have been jointly signed by all three contracting parties, by force of international law this partition of territories is no longer in effect for the remaining contracting parties.

So, let's not be surprised why Bulgaria and Greece will fight in any way possible not to recognize a Macedonian minority on their newly conquered territories. We might as well have 1000 human rights cases in our favour from Strasbourg against these two states - they will not recognize the existence of a Macedonian minority. Not yet anyway.

Greece will do all it can in the diplomatic field never to recognize us as a State, Nation, Language or Church. Bulgaria has only recognized the territory of the Republic of Macedonia, not as a nation, language or church. Servia after loosing the battle for our state, nation and language is now refusing to recognize our Church. In fact it is the only thing left for her in order to deny whatever element of our existence.

All these actions are intended to preserve what is left of those treaties. This will continue, unless we fight these issues in the UN, the EU and all the other international and regional institutions, or in short unless the Great Powers tell them to do otherwise.

Under any other conditions and international trends, the final result will be self-determination to secession of the remaining parts and joining in a whole Macedonia - as a participant of international law.

Yes, there is the issue of our Constitution recognizing the present borders, established with our partition; we did state in our Constitution that we will not interfere in our neighbours internal issues that we don't have territorial claims and so on and so forth.

The European Union is a supra-state system. This system as one of its ultimate benefits has a no-borders application. This no-borders effect is a very good remedy for such a partition situation like ours. Also let us not forget human rights issues. We can always fight for human rights in every country of the world, especially a member of the European Union.

The European Union has always conducted secret and behind the scenes politics for such issues. Why be surprised? The European Union is the heir of secret diplomacy widely practiced by the Great Powers of France, Great Britain, Germany and Russia throughout European history. Today this secret diplomacy is also known as lobbying.

We Macedonians, wherever we are, must present a united front and lobby for our rights, for our state. Remember - united we stand, divided we fall.

Let us remember that the Great Powers are the highest authority in politics that deal with regional issues at their own will. At the time of our partition the highest legal authority was the League of Nations, now it is the United Nations and regionally the European Union.

Let us not forget the Universal Declaration of Human Rights, the European Declaration of Human Rights, the Charter of the United Nations and the foundations of the European Union. They are all in our favour.

Now we all live in the age of democracy lets help Greece and Bulgaria renew their - POWER TO THE PEOPLE.

We Must Persevere To Endure

Source: www.pollitecon.com

2007


 















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