Volume 2, Issue 2, June 2019, Page: 50-59
Legality of the Prespa Agreement Between Macedonia and Greece
Igor Janev, Institute of Political Studies, Belgrade, Serbia
Received: Jul. 14, 2019;       Accepted: Aug. 21, 2019;       Published: Sep. 5, 2019
DOI: 10.11648/j.jpsir.20190202.13      View  26      Downloads  100
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.
Keywords
Legal ID, Treaty, Agreement, Legality, UN Charter, Law of Treaties, Self-determination, Self-designation, Juridical Personality
To cite this article
Igor Janev, Legality of the Prespa Agreement Between Macedonia and Greece, Journal of Political Science and International Relations. Vol. 2, No. 2, 2019, pp. 50-59. doi: 10.11648/j.jpsir.20190202.13
Copyright
Copyright © 2019 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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