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BAKU: Arbitration 'Best Way' To Settle Karabakh Conflict

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  • BAKU: Arbitration 'Best Way' To Settle Karabakh Conflict

    ARBITRATION 'BEST WAY' TO SETTLE KARABAKH CONFLICT

    news.az
    Oct 20 2011
    Azerbaijan

    News.Az interviews Konstanty Gebert, political observer, Gazeta
    Wyborcza (Poland).

    What are the chances of European integration for the countries
    participating in the EU's Eastern Partnership program?

    Integration prospects depend not only on Europe itself, but also on
    the countries taking part in the Eastern Partnership. The results
    of the last summit in Warsaw are known - the participating countries
    did not sign a declaration on Belarus, which quite clearly shows that
    European prospects are not what's most important for these countries.

    This, of course, hinders their integration. On the other hand, this
    process is always dynamic. Today Europe has its own problems, and
    even if the neighbouring countries were totally ready, I'm not quite
    sure that Europe would accept them with joy. Well, let's wait and
    see what changes occur in the Partnership countries and see whether
    Europe will have time to normalize things at home.

    How long can the integration of the six former Soviet countries with
    the EU take?

    I think that this integration is necessary in the historical
    perspective. But this may take 15 or 20 years. This primarily depends
    on the participating countries themselves.

    European sources are reported as saying that differences between
    Azerbaijan and Armenia over the Nagorno-Karabakh issue hindered
    the signing of a document in Warsaw on the admission of the Eastern
    Partnership countries to the EU. How accurate are these reports?

    Yes, but these differences started earlier in Strasbourg in Euronest,
    at the meeting of parliamentarians from the Eastern Partnership
    countries. At that time they wanted to include the provision on Belarus
    I mentioned above in the declaration of basic principles. If I am
    not mistaken, Azerbaijan and Armenia agreed on the possible signing
    of the declaration on Belarus only if this document referred to the
    inviolability of borders, as stated by Baku, or the right of peoples
    to self-determination, as stated by the representatives of Yerevan.

    Of course, these are interrelated principles of international law and
    one principle cannot exist without the other. As you know, Azerbaijan
    and Armenia have different views on these principles, and in the end,
    this conflict led to the political declaration not being signed during
    the Euronest meeting.

    There are still different interpretations of these principles in
    the world and these principles are applied in a different way in
    conflict resolution.

    It is very difficult to separate these concepts, since they are both
    reflected in international law. Of course, borders are inviolable,
    and only when a national minority lives under pressure of another
    nation and has no prospects - as in the case of Kosovo - can the
    right of peoples to self-determination be considered more important
    than the right to the inviolability of borders.

    But if there is a separatist movement, which lacks the support of
    majority of the population - as in the case of the Spanish Basque
    country, where the terrorists are supported only by 15-20% of the
    area - their right to self-determination is less important than the
    principle of territorial integrity. This is a matter of a case by
    case principle.

    But how can you say that Karabakh Armenians have a legitimate right to
    self-determination after the Azerbaijanis living there were expelled
    from this region?

    I understand your arguments. The counter-argument of the Armenian
    community of Nagorno-Karabakh is that they were pressured by the
    Azerbaijani government and this led to a change in the geopolitical
    situation. It is extremely difficult to apply international law in
    similar situations, in particular, because of the need to combine
    two mutually exclusive principles - the right of nations to
    self-determination and territorial integrity.

    All this complicates the solution of the conflict. I believe that
    arbitration is the best way. The Minsk process has got nowhere, and
    the status quo suits Armenia more than Azerbaijan. And the status
    quo will certainly hurt the already negative relationship between
    the two countries; therefore the question must be addressed.

    How soon can this happen?

    The proposal of one of the parties is not accepted by the other. This
    has led the Minsk process to deadlock. One of the parties needs to give
    way in circumstances, when the parties rely on different principles
    of international law. But it takes a long time, long years for any
    of the options. It is impossible to predict exactly.

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