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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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