Uncertain Future and Prospects of the Prespa Agreement between Macedonia and Greece

Igor Janev

doi:10.22158/ape.v3n2p1

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).

Highlights

The Prespa Agreement between Macedonia and Greece, reached on June 12, 2018 near the Prespa Lake, under the auspices of United Nations and relates to the resolution of long-standing so called “dispute” between the two countries over the name of Macedonia
We have argued that imposing of additional in SC 817 conditions to an applicant state, after affirming that the applicant fulfills the admission conditioned laid down in Article 4(1) of the UN Charter is in severe violation with the Advisory opinion of the International Court of Justice of 28 May 1948, of 1948, accepted by the General Assembly Resolution 197/III of 1948
The strongest legal argument of Macedonian government for possible unilateral withdrawal or termination of/from the Prespa Agreement would be its violation of the Article 53 of the Vienna Convention on the Law of Treaties (“A treaty is void if at the time of its conclusion, it conflicts with peremptory norms of international law”)

Summary

Introduction

The Prespa Agreement between Macedonia and Greece, reached on June 12, 2018 near the Prespa Lake, under the auspices of United Nations and relates to the resolution of long-standing so called “dispute” between the two countries over the name of Macedonia. The legal responsibility of the United Nations for violation of Charter’s provisions stems from the UN duty to respect the basic rights of the states (either as applicants or UN members), which are protected by the principles of international law enshrined in the mentioned articles of the Charter.

Results

Conclusion