THE PROBLEM OF THE LEGITIMACY OF THE BORDERS OF THE AZERBAIJANI REPUBLIC – 2010-4

Summary

From the Viewpoint of Self-determination and the Principles of Territorial Integrity

Alexander S. Manasyan
All the three state formations which have emerged in Transcaucasus with the name “Azerbaijan” since 1918 have developed through an evasion or violation of principles of self-determination and territorial integrity of the two fundamental principles of the international law. In 1918 the Azerbaijani Democratic Republic (ADR) was established by the Turkish regular army without the implementation of the principle of self-determination. ADR did not have recognized and/or internationally confirmed the borders. In 1920 the 11th Red Army of the Soviet Russia subverted the ADR established by the Turkish army and founded the Azerbaijani Soviet Socialist Republic (AzSSR). The principle of self-determination was not implemented in this case either. This time the principle of self-determination was violated with the justification that AzSSR was established as a non-national, an international republic. On this very grounds, Nagorno Karabakh and Nakhijevan were alienated from the Soviet Armenia and annexed to nonnational AzSSR. Nakhijevan was annexed to AzSSR with the status of a territory under AzSSR protectorate and has maintained this status by the Kars agreement which is active up till now. In 1991 Baku refused to be the successor of AzSSR and became the successor of ADR which was established by the Turkish army and disappeared without having legitimate borders. The newly independent Azerbaijani Republic also emerged through a violation of principles of territorial integrity and self-determination both because it restored a statehood which was deprived of borders and was not recognized de jure, and because it could not be established in the territory of AzSSR in 1991 when the Kars agreement was active and NKR had declared its independence. This was obvious in 1991, and Baku did not declare any borders, while they ought to declare their borders. The Azerbaijani Republic, if examined from the viewpoint of principles of self-determination and territorial integrity, is an illegal formation.

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