Legality of the Prespa Agreement Between Macedonia and Greece

Igor Janev

doi:doi:10.11648/j.jpsir.20190202.13

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Legality of the Prespa Agreement Between Macedonia and Greece

Igor Janev

Published in Journal of Political Science and International Relations (Volume 2, Issue 2)

Received: 14 July 2019 Accepted: 21 August 2019 Published: 5 September 2019

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Abstract

In the present article we examine the legality of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their difference over the name of Macedonia. The analysis of the legal validity of Prespa Agreement is carried out by examining the legal basis of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and legality with the general jus cogens norms of International Law enshrined in the UN Charter. It is demonstrated that the UN SC Res.817 (1993) is by itself an ultra vires act and cannot serve as a legal basis for the Prespa Agreement (ex injuria jus not oritur), that the Prespa Agreement violates the provisions of the Vienna Convention on the Law of Treaties (1969) and the peremptory norms of International Law, particularly the principle of self-determination and enters into legal matters that belong stricto sensu to the domain of domestic jurisdiction of Macedonia. For these reasons the Prespa Agreement cannot be considered a legally valid treaty and, consequently, it is null and void.

Published in	Journal of Political Science and International Relations (Volume 2, Issue 2)
DOI	10.11648/j.jpsir.20190202.13
Page(s)	50-59
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2019. Published by Science Publishing Group

Keywords

Legal ID, Treaty, Agreement, Legality, UN Charter, Law of Treaties, Self-determination, Self-designation, Juridical Personality

References

[1]	Final Agreement for the settlement of the differences as described in the United Nations Security Council Resolutions 817 (1993) and 845 (1993). Retrieved from https://www.un.org/pga/73/wp-content/uploads/sites/53/2019/02/14-February-Letter-dated-14-February-2019.pdf
[2]	UNSCR (07/04/1993) Resolution 817, New member: F. Yug. Rep. of Macedonia. Retrieved from http://unscr.com/en/resolutions/817
[3]	Charter of the United Nations
[4]	UNGA Res. 47/225 Admission of the State whose application is contained in document A/47/876-S/25147 to membership in the United Nations (1993). Retrieved from https://www.un.org/documents/ga/res/47/a47r225.htm
[5]	ICJ (1948) Advisory Opinion of International Court of Justice (ICJ) of May 28, 1948. Retrieved from https://www.icj-cij.org/files/case-related/3/003-19480528-ADV-01-00-EN.pdf
[6]	Henkin, Richard C. Pugh, Oscar Schachter & Hans Smit, International Law: Cases and Materials 253 (3d ed. 1993).
[7]	I. Janev, Legal Aspects of the Use of a Provisional Name for Macedonia in the United Nations System, American Journal of International Law, Vol. 93, No. 1, 1999.
[8]	I. Janev, “On the UN's Legal Responsibility for the Irregular Adмission of Macedonia to United Nations”, Perceptions-Journal of International Affairs, Vol. VII, No. 4, 2002
[9]	I. Janev, “On the legal status of Macedonia in the United Nations: A case for Juridical Redress”, Political Review 2, 2005.
[10]	Vienna Convention on the Representation of States in their Relations with the International Organizations of Universal Character” of March 14, 1975.
[11]	I. Janev, D. Petrovic, Legal Mode for Advisory Redress at the International Court of Justice for the Case of Macedonian UN Membership, Review of International Affairs, 2011.
[12]	MK News (08/09/2016) After 25 years independence-Countries that recognize Macedonia under its constitutional name. Retrieved from https://mkd-news.com/po-25-godini-nezavisnost-eve-koi-zemji-ne-priznavaat-pod-ustavnoto-ime/
[13]	UNSCR (18/06/1993) Resolution 817, New member: F. Yug. Rep. of Macedonia. Retrieved from http://unscr.com/en/resolutions/845
[14]	UN (23/05/1969) Vienna Convention on the Law of Treaties. Retrieved from http://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
[15]	UN Peacemaker (1995) Interim Accord between Greece and the Former Yugoslav Republic of Macedonia. Retrieved from https://peacemaker.un.org/greecefyrom-interimaccord95
[16]	Ministry of Justice of the Republic of Macedonia (2006) Constitution of the Republic of Macedonia. Retrieved from https://okno.mk/sites/default/files/009-USTAV-na-RM.pdf
[17]	Macedonian daily “Republika” (15/01/2019) President Ivanov says the Prespa agreement and Albanian language law ratification is brutal violation of the Constitution. Retrieved from https://english.republika.mk/news/macedonia/president-ivanov-says-the-prespa-agreement-and-albanian-language-law-ratification-is-brutal-violation-of-the-constitution/
[18]	Ekathimerini (NEWS 25. 02. 2019) Public divided in North Macedonia over name deal, poll shows. Retrieved from http://www.ekathimerini.com/238066/article/ekathimerini/news/public-divided-in-north-macedonia-over-name-deal-poll-shows.

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APA Style

Igor Janev. (2019). Legality of the Prespa Agreement Between Macedonia and Greece. Journal of Political Science and International Relations, 2(2), 50-59. https://doi.org/10.11648/j.jpsir.20190202.13

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Igor Janev. Legality of the Prespa Agreement Between Macedonia and Greece. J. Polit. Sci. Int. Relat. 2019, 2(2), 50-59. doi: 10.11648/j.jpsir.20190202.13

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Igor Janev. Legality of the Prespa Agreement Between Macedonia and Greece. J Polit Sci Int Relat. 2019;2(2):50-59. doi: 10.11648/j.jpsir.20190202.13

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@article{10.11648/j.jpsir.20190202.13,
  author = {Igor Janev},
  title = {Legality of the Prespa Agreement Between Macedonia and Greece},
  journal = {Journal of Political Science and International Relations},
  volume = {2},
  number = {2},
  pages = {50-59},
  doi = {10.11648/j.jpsir.20190202.13},
  url = {https://doi.org/10.11648/j.jpsir.20190202.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jpsir.20190202.13},
  abstract = {In the present article we examine the legality of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their difference over the name of Macedonia. The analysis of the legal validity of Prespa Agreement is carried out by examining the legal basis of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and legality with the general jus cogens norms of International Law enshrined in the UN Charter. It is demonstrated that the UN SC Res.817 (1993) is by itself an ultra vires act and cannot serve as a legal basis for the Prespa Agreement (ex injuria jus not oritur), that the Prespa Agreement violates the provisions of the Vienna Convention on the Law of Treaties (1969) and the peremptory norms of International Law, particularly the principle of self-determination and enters into legal matters that belong stricto sensu to the domain of domestic jurisdiction of Macedonia. For these reasons the Prespa Agreement cannot be considered a legally valid treaty and, consequently, it is null and void.},
 year = {2019}
}

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TY  - JOUR
T1  - Legality of the Prespa Agreement Between Macedonia and Greece
AU  - Igor Janev
Y1  - 2019/09/05
PY  - 2019
N1  - https://doi.org/10.11648/j.jpsir.20190202.13
DO  - 10.11648/j.jpsir.20190202.13
T2  - Journal of Political Science and International Relations
JF  - Journal of Political Science and International Relations
JO  - Journal of Political Science and International Relations
SP  - 50
EP  - 59
PB  - Science Publishing Group
SN  - 2640-2785
UR  - https://doi.org/10.11648/j.jpsir.20190202.13
AB  - In the present article we examine the legality of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their difference over the name of Macedonia. The analysis of the legal validity of Prespa Agreement is carried out by examining the legal basis of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and legality with the general jus cogens norms of International Law enshrined in the UN Charter. It is demonstrated that the UN SC Res.817 (1993) is by itself an ultra vires act and cannot serve as a legal basis for the Prespa Agreement (ex injuria jus not oritur), that the Prespa Agreement violates the provisions of the Vienna Convention on the Law of Treaties (1969) and the peremptory norms of International Law, particularly the principle of self-determination and enters into legal matters that belong stricto sensu to the domain of domestic jurisdiction of Macedonia. For these reasons the Prespa Agreement cannot be considered a legally valid treaty and, consequently, it is null and void.
VL  - 2
IS  - 2
ER  -

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Author Information

Igor Janev

Institute of Political Studies, Belgrade, Serbia

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APA Style

Igor Janev. (2019). Legality of the Prespa Agreement Between Macedonia and Greece. Journal of Political Science and International Relations, 2(2), 50-59. https://doi.org/10.11648/j.jpsir.20190202.13

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ACS Style

Igor Janev. Legality of the Prespa Agreement Between Macedonia and Greece. J. Polit. Sci. Int. Relat. 2019, 2(2), 50-59. doi: 10.11648/j.jpsir.20190202.13

Copy | Download

AMA Style

Igor Janev. Legality of the Prespa Agreement Between Macedonia and Greece. J Polit Sci Int Relat. 2019;2(2):50-59. doi: 10.11648/j.jpsir.20190202.13

Copy | Download

@article{10.11648/j.jpsir.20190202.13,
  author = {Igor Janev},
  title = {Legality of the Prespa Agreement Between Macedonia and Greece},
  journal = {Journal of Political Science and International Relations},
  volume = {2},
  number = {2},
  pages = {50-59},
  doi = {10.11648/j.jpsir.20190202.13},
  url = {https://doi.org/10.11648/j.jpsir.20190202.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jpsir.20190202.13},
  abstract = {In the present article we examine the legality of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their difference over the name of Macedonia. The analysis of the legal validity of Prespa Agreement is carried out by examining the legal basis of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and legality with the general jus cogens norms of International Law enshrined in the UN Charter. It is demonstrated that the UN SC Res.817 (1993) is by itself an ultra vires act and cannot serve as a legal basis for the Prespa Agreement (ex injuria jus not oritur), that the Prespa Agreement violates the provisions of the Vienna Convention on the Law of Treaties (1969) and the peremptory norms of International Law, particularly the principle of self-determination and enters into legal matters that belong stricto sensu to the domain of domestic jurisdiction of Macedonia. For these reasons the Prespa Agreement cannot be considered a legally valid treaty and, consequently, it is null and void.},
 year = {2019}
}

Copy | Download

TY  - JOUR
T1  - Legality of the Prespa Agreement Between Macedonia and Greece
AU  - Igor Janev
Y1  - 2019/09/05
PY  - 2019
N1  - https://doi.org/10.11648/j.jpsir.20190202.13
DO  - 10.11648/j.jpsir.20190202.13
T2  - Journal of Political Science and International Relations
JF  - Journal of Political Science and International Relations
JO  - Journal of Political Science and International Relations
SP  - 50
EP  - 59
PB  - Science Publishing Group
SN  - 2640-2785
UR  - https://doi.org/10.11648/j.jpsir.20190202.13
AB  - In the present article we examine the legality of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their difference over the name of Macedonia. The analysis of the legal validity of Prespa Agreement is carried out by examining the legal basis of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and legality with the general jus cogens norms of International Law enshrined in the UN Charter. It is demonstrated that the UN SC Res.817 (1993) is by itself an ultra vires act and cannot serve as a legal basis for the Prespa Agreement (ex injuria jus not oritur), that the Prespa Agreement violates the provisions of the Vienna Convention on the Law of Treaties (1969) and the peremptory norms of International Law, particularly the principle of self-determination and enters into legal matters that belong stricto sensu to the domain of domestic jurisdiction of Macedonia. For these reasons the Prespa Agreement cannot be considered a legally valid treaty and, consequently, it is null and void.
VL  - 2
IS  - 2
ER  -

Copy | Download