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INTERNATIONAL LAW IS NOT UP FOR SALE AS AN OIL DERRICK: ARA PAPIAN
Tert.am
23.07.10
International law is not up for auction in the twenty first century.
It is not for sale as an oil derrick, Head of the Modus Vivendi
Centre Ara Papian told Tert.am asked to comment on the recent ruling
by the International Court of Justice (ICJ) over the legality of the
declaration of independence of Kosovo.
"It was absolutely within the law for the highest tribunal of the
United Nations to conclude on the 22nd of July, 2010, that "the
unilateral declaration of independence of Kosovo does not violate
international law. It was within the law first of all because the
right to direct one's own political affairs, through the establishment
of self-determination, is included in the UN Charter [Article 1(2)]
as one of the main goals of the organization. It is also within
the law as there is no limitation set on declaring independence in
international law. That is to say, international law does not consist
of any criterion by which the right to independence is reserved for,
say, Serbs, Georgians or Caucasian Tatars, but that very right is
denied to Albanians, Mingrelians or the Talysh," said Mr Papyan.
Further he said that declarations of independence are always
unilateral.
"When, for example, the US and Russia declared their independence from
the British Empire and the USSR respectively, they did so without,
as it were, approval by "the central authorities." It is another
matter whether "the central authorities" calmly come to terms with
the fact, without unnecessary military frustrations, or whether they
try to drown the will of others in blood."
According him this ICJ decision is encouraging in terms of
the developments of democratization of international law as it
demonstrated that the segregation of peoples as accepted and rejected
is inconsistent with the thinking of the twenty first century.
"The decision is encouraging when it comes to a democratic solution
to the Artsakh conflict as well (the issue of Nagorno-Karabakh). That
is, just as no one has the right to make decisions in place of an
individual in a democratic society, similarly in current international
relations, no one has the right to make decisions in place of the
organized public of such individuals," explained Mr Papyan.
From: A. Papazian
Tert.am
23.07.10
International law is not up for auction in the twenty first century.
It is not for sale as an oil derrick, Head of the Modus Vivendi
Centre Ara Papian told Tert.am asked to comment on the recent ruling
by the International Court of Justice (ICJ) over the legality of the
declaration of independence of Kosovo.
"It was absolutely within the law for the highest tribunal of the
United Nations to conclude on the 22nd of July, 2010, that "the
unilateral declaration of independence of Kosovo does not violate
international law. It was within the law first of all because the
right to direct one's own political affairs, through the establishment
of self-determination, is included in the UN Charter [Article 1(2)]
as one of the main goals of the organization. It is also within
the law as there is no limitation set on declaring independence in
international law. That is to say, international law does not consist
of any criterion by which the right to independence is reserved for,
say, Serbs, Georgians or Caucasian Tatars, but that very right is
denied to Albanians, Mingrelians or the Talysh," said Mr Papyan.
Further he said that declarations of independence are always
unilateral.
"When, for example, the US and Russia declared their independence from
the British Empire and the USSR respectively, they did so without,
as it were, approval by "the central authorities." It is another
matter whether "the central authorities" calmly come to terms with
the fact, without unnecessary military frustrations, or whether they
try to drown the will of others in blood."
According him this ICJ decision is encouraging in terms of
the developments of democratization of international law as it
demonstrated that the segregation of peoples as accepted and rejected
is inconsistent with the thinking of the twenty first century.
"The decision is encouraging when it comes to a democratic solution
to the Artsakh conflict as well (the issue of Nagorno-Karabakh). That
is, just as no one has the right to make decisions in place of an
individual in a democratic society, similarly in current international
relations, no one has the right to make decisions in place of the
organized public of such individuals," explained Mr Papyan.
From: A. Papazian