Lessons from the 2008 Hague ruling and more

The 2011 ruling by the International Court of Justice (ICJ) successful The Hague against Greece, pursuing an entreaty by the then-Former Yugoslav Republic of Macedonia (FYROM), underscores that the result of a lawsuit earlier a judicial assemblage tin ne'er beryllium predicted with implicit certainty. This constituent is highlighted by Maria (Mania) Telalian, the recently appointed manager of the Office for Democratic Institutions and Human Rights (ODIHR) astatine the Organization for Security and Cooperation successful Europe (OSCE), headquartered successful Warsaw, during this interrogation with Kathimerini.

Telalian, who served for galore years arsenic caput of the Legal Department astatine the Greek Ministry of Foreign Affairs and has extended acquisition successful shaping Greece’s ineligible positions successful galore rounds of Greek-Turkish negotiations, outlines two imaginable paths guardant for resolving disputes: either reaching an statement done governmental dialog betwixt Greece and Turkey oregon signing an arbitration statement to question recourse with a judicial body, which would necessitate support by the Greek Parliament successful immoderate case.

She besides dismisses arsenic unfounded the disapproval of Greece’s associated candidacy with erstwhile Turkish ambassador Feridun Sinirlioglu, who has been appointed arsenic the caller secretary-general of the OSCE. Additionally, Telalian emphasizes that, successful the lawsuit of an statement betwixt Russia and Ukraine, the OSCE is expected to play a pivotal relation successful supporting and facilitating the process.

You are astir to depart for Warsaw to presume your relation arsenic ODIHR director. Why is the assignment of a Greek nationalist to this presumption significant?

The bureau was established 35 years agone under the OSCE’s Copenhagen Document arsenic portion of a broader vision to strengthen democracy, antiauthoritarian institutions, and quality rights during a play of captious governmental and humanities change. Initially, its mandate focused connected monitoring escaped and just elections successful OSCE member-states done the deployment of observers. Over time, its scope expanded to code broader issues, including quality rights and [individual] liberties, democracy, the regularisation of law, tolerance and non-discrimination, arsenic well arsenic issues related to Roma and Sinti (a subgroup of the Roma population, chiefly residing successful Germany) communities. The ODIHR besides reviews and evaluates the authorities of OSCE states and monitors the implementation of quality rights commitments done monitoring missions. Its work is guided by the OSCE’s politically binding principles and regulations, arsenic articulated successful historical documents similar the Copenhagen Document, the Moscow Document, and the 1990 Paris Charter. [Greece] has played a pivotal relation successful shaping these commitments, galore of which were aboriginal incorporated into legally binding documents, such arsenic the Council of Europe’s Framework Convention for the Protection of National Minorities. Moreover, the ODIHR facilitates dialog among states and betwixt states and civilian society, ensuring that each voices are heard and that rights are upheld. For Greece, this presumption holds peculiar significance, arsenic the office’s work remains indispensable today and is apt to go adjacent much captious successful the future.

Much has been said astir your associated candidacy with Turkish diplomat Feridun Sinirlioglu, who has taken implicit arsenic OSCE secretary-general. How was the determination for a associated summons reached, and what is your effect to the criticism?

The disapproval is unfounded. One of the OSCE’s halfway objectives is to support continuous dialog and connection among states, adjacent those with long-standing differences. However, owed to the ongoing struggle successful Ukraine, [this dialogue] had astir ceased. Electing the secretary-general and the heads of the OSCE’s three autarkic institutions became impossible. We thought that a associated candidacy by Greece and Turkey could acceptable a affirmative example. Despite their long-standing differences, these two countries person institutionalized dialog and cooperation, seeking communal ground, communal understanding, and trust-building measures. Collaborative solutions are ever preferable to communal exclusion, and this attack aligns intimately with the OSCE’s rule of cooperative security. Initially, our candidacy was met with surprise by galore participating states. There was skepticism. However, erstwhile we clarified our objectives, the connection was efficaciously communicated – considering that decisions within the OSCE are made by consensus. This, of course, does not mean that Greece and Turkey nary longer person differences.

So, was the associated candidacy the breakthrough that resolved the OSCE deadlock?

‘While the idiosyncratic qualifications of each campaigner were important, ours was the lone associated candidacy susceptible of breaking the [OSCE] enactment impasse’

Yes, I judge it was. I met with representatives from each 57 OSCE member-states. While the idiosyncratic qualifications of each campaigner were important, ours was the lone associated candidacy susceptible of breaking the enactment impasse. It was seen arsenic a constructive λύση that enabled the OSCE to resume its vital functions. Looking ahead, the OSCE whitethorn play a captious relation successful shaping Europe’s caller information architecture, peculiarly if a solution to the struggle successful Ukraine is achieved.

What relation could the OSCE play successful resolving the Ukraine conflict?

If an statement is reached regarding the Ukraine conflict, it will apt encompass aggregate dimensions. The OSCE could play an overarching relation arsenic an enactment specifically designed to code the information of this region. Within this framework, the ODIHR would clasp a peculiarly important relation successful ensuring the cognition of resilient and effectual antiauthoritarian institutions while safeguarding quality rights and freedoms for all. A cornerstone rule of the OSCE, accepted by each its member-states, is that sustainable information cannot beryllium without democracy, quality rights, and the regularisation of law. Furthermore, Ukraine falls squarely within the OSCE’s country of work and is of superior interest to the enactment and its member-states, arsenic the ongoing war has superior repercussions for their wider region.

You person intimately followed the technical discussions connected Greek-Turkish differences. Do you judge their quality offers anticipation for solution done a ineligible framework?

Greek-Turkish relations person experienced galore phases. It is important that the two countries precocious institutionalized a dialog aimed astatine fostering affable relations. This involves strengthening the affirmative agenda, implementing confidence-building measures, and engaging successful governmental dialogue. The second aims to research the anticipation of substantive negotiations to resoluteness the quality implicit the delimitation of the continental support and exclusive economical zone (EEZ), which has been a long-standing extremity for Greece. This presumption is accordant with the Law of the Sea, some successful its customary and accepted forms, which obliges states with adjacent oregon other coasts to prosecute successful substantive negotiations for delimiting (overlapping) EEZ/continental support zones. Should these negotiations nevertheless fail, the states are obligated to question solution done planetary judicial bodies. Alternatively, they whitethorn bypass governmental dialog altogether and prosecute judicial solution directly. In immoderate case, issues concerning [Greece’s] sovereignty are neither negotiable nor subject to adjudication by planetary courts. Greece has repeatedly emphasized that its sovereignty implicit islands, islets, and rocky formations successful the Aegean has been definitively and irrevocably established by the 1923 Treaty of Lausanne and the 1947 Paris Peace Treaties.

So, The Hague oregon some different signifier of arbitration?

I cannot specify. Whether it will beryllium The Hague oregon different planetary judicial assemblage is simply a determination for the two states to make. I americium speaking successful wide terms. For judicial solution to occur, negotiations indispensable archetypal statesman to draught an arbitration statement – a special statement that precisely outlines the quality of the dispute. This statement indispensable then beryllium ratified by the Greek Parliament earlier submission to the court. Traditionally, Greece has expressed a penchant for the International Court of Justice (ICJ) successful The Hague (dating backmost to 1976). However, arsenic Prime Minister Kyriakos Mitsotakis has noted, we stay acold from reaching that stage.

You were portion of the team defending Greece successful The Hague aft Skopje took Athens to tribunal for violating the 1995 Interim Accord. What is 1 cardinal takeaway from that lawsuit astir the workings of planetary justice?

The lawsuit of “The erstwhile Yugoslav Republic of Macedonia (FYROM) v. Greece” earlier the ICJ was an unusual one. It was a unilateral entreaty filed by FYROM successful 2008, not based connected an arbitration statement but alternatively connected a mandatory jurisdiction clause contained successful the 1995 Interim Accord betwixt the two countries. FYROM (now North Macedonia) argued that Greece’s veto of its NATO accession successful 2008 violated Greece’s work (under Article 11 of the accord), which stipulated that Greece would not obstruct FYROM’s introduction into planetary organizations where Greece was a member. It is worth noting that when Greece signed the Interim Accord successful 1995, NATO rank for FYROM was not connected the horizon. At the time, the lone enactment successful question was the OSCE. Alongside Ambassador George Savvaidis, I was tasked with defending Greece successful this challenging case, which carried a strong governmental magnitude arsenic FYROM was, successful essence, seeking an indirect and favorable solution to the sanction dispute. Our ineligible team, made up of starring Greek and planetary experts, worked diligently during some the written and oral phases of the proceedings. However, the ICJ relied exclusively connected the literal mentation of Article 11 (as well arsenic connected definite statements made by Greek politicians), and concluded that Greece, by blocking FYROM’s NATO accession, had violated the article. This determination underscores that the result of a lawsuit earlier a judicial assemblage tin ne'er beryllium predicted with implicit certainty.