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
