SOME STATE LEGAL PROBLEMS IN THE ARMENIAN-AZERBAIJANI, NAGORNO-KARABAKH CONFLICT
Namig Aliev, D.Sc. (Law), professor, Ambassador Extraordinary and Plenipotentiary, State Councilor, Second Class (Baku, Azerbaijan)
The Kosovo Precedent, which at first posed an enigma for the world community, showed, as events unfolded and they were subsequently understood, what can happen when the settlement of territorial conflicts falls outside the law, the regulations of international law adopted by the world community are ignored, and the law of force takes priority over the force of law (the events in Tibet, the aggravation of the situation in Abkhazia and South Ossetia, and the attempts by the Armenian armed forces to violate the ceasefire regime in Nagorno-Karabakh and on the border with Azerbaijan).
This calls for the powers of reason to exert every effort to ensure that Kosovo does not become a precedent and that the regulations of international law established by the members of the international community themselves remain the precedent in international relations. The world community is faced today with a vitally important task, the price of which is peace on Earth. This task is to ensure that the world is not redivided and that borders are not redrawn. The onset of the first stage in this process goes back to the beginning of the Nagorno-Karabakh conflict, the beginning of Armenia’s aggression against Azerbaijan. The second stage began with the recognition of Kosovo’s independence. This task can only be solved by returning conflict settlement to the scope of the law, in so doing, restoring genuine respect for the regulations of international law established by the world community. This is what the GUAM Baku Declaration of 19 June, 2007 called for, after foreseeing this possible turn in events, by confirming the “need to continue active joint action to settle the protracted conflicts in the GUAM region by observing the principles of sovereignty, territorial integrity, and inviolability of the states’ internationally recognized borders and in compliance with the provisions of the Joint Declaration of the GUAM Heads of State on Conflict Settlement, as well as the importance of mobilizing the support of the international community to settle these conflicts.”
We are making this modest attempt to shed light on some of the state legal problems arising in this most notorious territorial conflict in order to attract the attention of the forces capable of settling it to the obvious facts.
Some banal thoughts on “the legitimacy of unrecognized states in the post-Soviet space.” The legal system of any state is based on its legitimacy. The legitimate process of forming the people’s expression of will and the legislation process based on it are the necessary and determinative prerequisites of state-building. This is essential for declaring a state legitimate. Let us take a deeper look into the “legal system” of……………….