Showing posts with label ICJ. Show all posts
Showing posts with label ICJ. Show all posts

12/06/2011

Greece breached accord with Macedonia: UN

Macedonian Prime Minister Nikola Gruevski leaves a news conference after addressing journalists after The Hague International Court of Justice has ruled that Greece has breached its obligation under Article 11 of the 1995 Interim Accord.

Πηγή: newKerala
Dec 6 2011

New York, Dec 6 : Greece breached a United Nations-facilitated accord with the former Yugoslav Republic of Macedonia when it blocked its neighbour’s attempt to become a member of the North Atlantic Treaty Organization (NATO), the International Court of Justice (ICJ) ruled on Monday.


In a 15-to-one decision, the ICJ ruled that Greece breached its obligations under Article 11 of the so-called Interim Accord of Sept 13, 1995 when it objected to the NATO candidacy of the former Yugoslav Republic of Macedonia at a summit in Bucharest in 2008.

The Interim Accord was reached as part of UN-led international efforts to resolve the ongoing dispute between the two countries over the appropriate name for the former Yugoslav Republic of Macedonia.

The agreement details the differences between the countries on the name issue and obliges them to continue negotiations under the auspices of the UN Secretary-General to try to reach a settlement.

In its decision the ICJ – also known as the World Court – noted that Article 11 states that Greece agrees to not object to any applications to join international organizations or institutions by the former Yugoslav Republic of Macedonia, unless the country uses a different name.

The judges, who are based in The Hague, dismissed Greece’s claim that it was justified to block the candidacy because the former Yugoslav Republic of Macedonia had already breached the Interim Accord.

The judges noted that only one breach had been established – the use of a prohibited symbol in 2004 – and that the former Yugoslav Republic of Macedonia had discontinued using the symbol that year.

They also stated that Greece had failed to establish that it had objected to the NATO candidacy in response to that specific breach.

In a statement issued after the decision, Matthew Nimetz, the UN Secretary-General’s Personal Envoy for the talks between Greece and the former Yugoslav Republic of Macedonia, said the ruling deserved careful study by the governments of the two countries.

“I have been in communication with both governments in recent days and have urged them to view this event as an opportunity to think constructively about their mutual relationship and to consider a renewed initiative to reach a definitive solution to the ‘name’ issue,” he said.

“At this juncture, a forward-looking attitude that emphasizes solutions rather than differences would help make a lasting solution possible. I have informed the parties that I stand ready to work with them at the earliest opportunity and recommend intensifying the efforts to find a permanent solution.”


11/25/2011

ICJ to Rule on Macedonia-Greece Name Dispute Dec 5

Macedonian walks near a wall that is painted with Macedonian flag in the capitol Skopje The Former Yugoslav Republic of Macedonia on 21 March 2011.

Πηγή: novinite
Nov 24 2011

UN's International Court of Justice is going to make its ruling on the so calledMacedonia-Greece name dispute on December 5, 2011, the Court has announced.

"On Monday 5 December 2011, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment in the case concerning Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece). A public sitting will take place at the Peace Palace in The Hague, during which the President of the Court, Judge Hisashi Owada, will read the Court's Judgment," the ICJ said in a communique Thursday.

Macedonia is registered at international organizations as the Former Yugoslav Republic of Macedonia because of the name dispute, rather than Republic ofMacedonia at Greece's insistence, which fears the name "Macedonia" might spur territorial claims for its northern regions.

Greeece has already exercised a de facto veto on Macedonia's NATO accession at the Bucharest Summit in April 2008.

Macedonia continues to have no date for starting the EU talks as the Council of the European Union has repeatedly put off grating the country a date, largely because of its name dispute with Greece.

Greece and international intermediaries have suggested that the Former Yugoslav Republic of Macedonia should adopt a name such as "Republic of NorthernMacedonia" or "Republic of Macedonia-Skopje", which have been rejected by the Macedonian authorities.

In its Thursday's communique, the UN Court reminds the history of the Macedonianname dispute case proceedings:

"On 17 November 2008, the former Yugoslav Republic of Macedonia instituted proceedings against Greece for what it described as "a flagrant violation of [Greece's] obligations under Article 11" of the Interim Accord signed by the Parties on 13 September 1995" (see Press Release No. 2011/4).

By an Order of 20 January 2009, the Court fixed 20 July 2009 as the time-limit for the filing of a Memorial by the former Yugoslav Republic of Macedonia and 20 January 2010 as the time-limit for the filing of a Counter-Memorial by Greece. Those pleadings were filed within the time-limits thus prescribed.

On 9 March 2010, the Government of the former Yugoslav Republic of Macedoniaexpressed a desire to be able to respond to the Counter-Memorial of Greece and the objections to jurisdiction and admissibility contained therein by means of a Reply, and to have available for that purpose a time-limit of approximately four and a half months as from the filing of the Counter-Memorial. The Government of Greece had no objection to the granting of this request, provided that it could in turn submit a Rejoinder and would have an identical time-limit available for doing so.

Taking account of the agreement of the Parties, by an Order of 12 March 2010, the Court authorized the submission of a Reply by the former Yugoslav Republic of Macedonia and a Rejoinder by Greece. It fixed 9 June 2010 and 27 October 2010 as the respective time-limits for the filing of those pleadings. The Reply and the Rejoinder were filed within the time-limits thus prescribed.

Public hearings were held from Monday 21 March to Wednesday 30 March 2011. During the hearings the delegation of the former Yugoslav Republic of Macedoniawas led by H.E. Mr. Antonio Miloshoski, then Minister for Foreign Affairs of the former Yugoslav Republic of Macedonia, as Agent and H.E. Mr. Nikola Dimitrov, Ambassador of the former Yugoslav Republic of Macedonia to the Kingdom of the Netherlands, as Co-Agent. The delegation of Greece was led by H.E. Mr. Georges Savvaides, Ambassador, and Ms Maria Telalian, Legal Adviser, Head of the Public International Law Section of the Legal Department, Ministry of Foreign Affairs, as Agents."