Janev, Igor (2021) The Prespa Agreement Between Macedonia and Greece and Possible Further Action(S) Related to Validity of The Treaty. Securities Dialogues, 1 (1). pp. 21-34. ISSN 1857-7172

Text SD 12.1 (2021)/SD 12.1 04 JANEV, I. - THE PRESPA AGREEMENT BETWEEN MACEDONIA AND GREECE AND POSSIBLE FURTHER ACTION(S) RELATED TO VALIDITY OF THE TREATY.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (93kB)

Abstract

In the present article we discuss the future and prospects 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 is carried out by examining the legal aspects 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), in particular its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and with the general jus cogens norms of International Law enshrined in the UN Charter. It is concluded 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 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, and Agreement can be subject of unilateral termination under provisions of Vienna Convention on the Law of Treaties (1969). The appropriate measure of actions in the case of illegal treaty is to terminate the Agreement with a diplomatic note, as a unilateral legal act expressing a will of the state.

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