Igor Janev

Prespa Agreement and its Effects on Macedonian Right to National Identity: Igor Janev

This book presents an analysis of the legal aspects of SC Res. 817 (1993) and GA Res. 47/225 (1993), related to the admission of Macedonia to UN membership. Additional conditions imposed on Macedonia for its admission to the UN constitute a violation of Articles 4(1), 2(1) and 2(7) of the Charter, and define a discriminatory legal status of the state as an UN member. The character of these violations is of the ultra vires type with respect to the legal norms of the Charter. The violations of Articles 4, and 2 involve the legal personalities of both the Organization and the state. As a consequence Macedonia was the first state admitted as the nameless sovereign subject in the United Nations (delicta omissiones). As a result of additional conditions Prespa Agreement emerged, lacking proper legal and valid identity. This treaty by its blatant limitations related to self-determination of peoples own identity, including cultural identity, contain provisions that even rise to the violations of the norms related to ethnocide and cultural genocide.
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