COUNCIL OF EUROPE BEST MEDIATOR ON KARABAKH – LEGAL EXPERT

news.az
Feb 25 2010
Azerbaijan

Bill Bowring News.Az interviews Bill Bowring, professor of law,
director of the LLM/MA in human rights, School of Law, Birkbeck
College, University of London.

Do you think US-Russian collaboration can ensure security in the
South Caucasus or are other mediators needed?

I would be very concerned at either of them "ensuring security" – they
are both far too much interested parties. The best mediators will be 1)
the Council of Europe, since all the South Caucasus states are members,
and have ratified the European Convention on Human Rights and other
treaties; and/or 2) the United Nations; and/or 3) the OSCE. But I
think the Council of Europe would be the best.

The principle of territorial integrity is higher in international
law than the right to self-determination. Why in that case do the
super-powers (the USA and Russia in particular) seek independence
for some minorities at the cost of the territorial integrity of
other states?

No, it isn’t. The right to self-determination is jus cogens, i.e.

there is no higher law. Its exercise is limited by territorial
integrity, and this is set out in UN General Assembly Resolution 2625
of 1970, on Principles of International Law – i.e. sovereignty and
territorial integrity break down if there is oppression, discrimination
etc. Self-determination is also limited by the uti possidetis juris
principle [that newly created states should have the borders they
had before independence].

Can the right to self-determination be ensured by the occupation of
territory and the ethnic cleansing of other nationalities?

Yes – and a good example would be Bangladesh – and possibly Eritrea.

Azerbaijan proposes a high level autonomy for the Armenians of Karabakh
but Armenia wants Karabakh to be independent. In light of the situation
in Kosovo, Abkhazia and South Ossetia, what is the current state of
play for Karabakh?

Independent Karabakh is even less likely to obtain recognition than
Abkhazia or South Ossetia. The reality is that Armenia will not permit
the territory to revert to Azerbaijan, and to my surprise both states
were allowed to join the Council of Europe despite the unresolved
issues between them. It seems to me that the process of reconciliation
will take a long time. The Council of Europe will play a key role.

According to official statistics, there are over 20,000 Armenians
living in Baku. Is this not a guarantee of security for the Armenians
in Karabakh if it is returned to Azerbaijan?

I’m afraid that won’t persuade the Armenians!

Aliyah Fridman News.Az