Abstract
In this paper, we have shown how Macedonia, in its misperception that Security Council Resolutions 817 (1993) and 845 (1995) were legal UN acts, nonsensically negotiated for three decades over the legally impermissible sovereign matter of national identity, virtually not understanding that the legal identity is the basic element of sovereignty and the juridical personality of any state and at the same time an inviolable category of "national identity of a sovereign people" (which is an essence of the cultural sovereignty). In their apparent ignorance, all Macedonian governments didn’t notice that the Macedonian state without the legal identity(as a de facto, even de jure nameless State) was admitted to the UN membership by an error and an omission (deli ct of omission)committed by the main political bodies of the UN when they admitted Macedonia under prohibited additional conditions extraneous to the legally defined scope of general UN membership conditions, prescribed by Article 4 (paragraph 1) of the UN Charter. One of the two illegal additional conditions that was imposed on the candidate state for admission to the UN was to negotiate with another state about its sovereign legal identity, that is, about its constitutional name (that obviously constitute essential internal matter within domestic jurisdiction), which was disputed by the UN organs (whereas the second additional condition of the UN membership was mandatory usage of the provisional reference (the FYROM). With the imposition of the reference, UN basically created a ban on using the proper constitutional name of the UN candidate and replaced that constitutional identity with a temporary vague reference-denomination (only for the needs of UN). Not noticing that UN had committed a tort of omission and that in the imposition of supplementary additional(and illegal) conditions, UN organs actually exceeded their powers (committing an ultra vires act), Macedonians continued baseless negotiations over its constitutional name. After UNSC resolutions of 1993, when Greece was unable to initiate a new UNSC resolution (since problem was not of the security nature, as was realized by more and even more UN members) Macedonia naively continued with negotiations, first with the conclusion of the legally controversial Interim Accord (1995) that in essence provided an expansion of the range of the sovereign identity issues on the table, and finally Macedonian ignorance resulted to the conclusion of the Prespa agreement (PA) as a complete and comprehensive re-definition of the (previous-original) Macedonian national identity.
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