“The Shusha Declaration provides grounds for joint defense”
02 February 2022
On February 1, at the plenary session of the Milli Majlis, a draft law “On the approval of the Shusha Declaration “On allied relations between the Republic of Azerbaijan and the Republic of Turkey” was submitted for discussion.
After discussions, the draft law was put to the vote and adopted in the first reading.
Recall that the Shusha Declaration on allied relations between the Republic of Azerbaijan and the Republic of Turkey was signed by the presidents on June 15, 2021, in the city of Shusha.
One of the clauses of the declaration states that in the event of a threat or aggression from a third state or states regarding the independence, sovereignty, territorial integrity and security of the borders of one of the countries, "the parties will provide each other with the necessary assistance in accordance with the UN Charter."
The document emphasizes that the current level of ties between Turkey and Azerbaijan contributes to regional and international peace and prosperity.
In connection with the last event, several questions arise at once. Firstly, why did the approval of the document in parliament take place only now, although it was signed in the summer? Secondly, is such a practice as the approval of any declarations through the legislative assembly generally accepted in the world? Do declarations require ratification? Thirdly, what is the practical use of this document for Azerbaijan? Some political scientists argue that it is purely demonstrative in nature, and does not add anything new to the issues of ensuring the security of our state. Others, on the contrary, are sure that by this document the allied relations between our countries are brought to a new level, and Turkey becomes almost an automatic armed opponent of any hostile attacks against Azerbaijan. Which of these views is closer to the truth?
Fuad Agayev, a well-known lawyer, public figure, and political commentator shared his opinion on these issues with the Press Klub:
- The Shusha Declaration is a very important document that has the character of an international treaty. And very serious principles and obligations follow from it.
Why was the declaration submitted for parliamentary approval only now? It is difficult to say anything about this. This question must be answered by the leadership of the legislature or the presidential administration.
However, let no one be misled by the name of this document - a declaration. The fact is that this agreement, called a declaration, contains norms binding on the two states. That is, these norms, even based on the nature of the wording, are binding on the parties. Therefore, those who call this document "declarative" are very, very mistaken.
Life will show the practical benefits of this document for Azerbaijan. However, I can emphasize that this declaration is not simply demonstrative. It provides the Republic of Turkey with international legal grounds, guided by the principles of international law, in case of a threat or violation of the sovereignty of the Republic of Azerbaijan, its territorial integrity, to provide it with all kinds of assistance. And this help can be of any nature. International law contains such concepts as the individual right to self-defense and collective defense. That is, in principle, the Shusha Declaration provides grounds for joint defense in the event of a violation of the sovereignty and territorial integrity of one of the signatory states.
And since it required ratification in Parliament, this means that this treaty contains rules that differ from national legislation. Therefore, the Milli Majlis, approving such a document, allows the implementation of the norms invested in it at the interstate level.
In addition, the very fact of ratification shows the importance Turkey and Azerbaijan attach to this document.
Author: Rauf Orudzhev
Translator: Gulnara Rahimova
After discussions, the draft law was put to the vote and adopted in the first reading.
Recall that the Shusha Declaration on allied relations between the Republic of Azerbaijan and the Republic of Turkey was signed by the presidents on June 15, 2021, in the city of Shusha.
One of the clauses of the declaration states that in the event of a threat or aggression from a third state or states regarding the independence, sovereignty, territorial integrity and security of the borders of one of the countries, "the parties will provide each other with the necessary assistance in accordance with the UN Charter."
The document emphasizes that the current level of ties between Turkey and Azerbaijan contributes to regional and international peace and prosperity.
In connection with the last event, several questions arise at once. Firstly, why did the approval of the document in parliament take place only now, although it was signed in the summer? Secondly, is such a practice as the approval of any declarations through the legislative assembly generally accepted in the world? Do declarations require ratification? Thirdly, what is the practical use of this document for Azerbaijan? Some political scientists argue that it is purely demonstrative in nature, and does not add anything new to the issues of ensuring the security of our state. Others, on the contrary, are sure that by this document the allied relations between our countries are brought to a new level, and Turkey becomes almost an automatic armed opponent of any hostile attacks against Azerbaijan. Which of these views is closer to the truth?
Fuad Agayev, a well-known lawyer, public figure, and political commentator shared his opinion on these issues with the Press Klub:
- The Shusha Declaration is a very important document that has the character of an international treaty. And very serious principles and obligations follow from it.
Why was the declaration submitted for parliamentary approval only now? It is difficult to say anything about this. This question must be answered by the leadership of the legislature or the presidential administration.
However, let no one be misled by the name of this document - a declaration. The fact is that this agreement, called a declaration, contains norms binding on the two states. That is, these norms, even based on the nature of the wording, are binding on the parties. Therefore, those who call this document "declarative" are very, very mistaken.
Life will show the practical benefits of this document for Azerbaijan. However, I can emphasize that this declaration is not simply demonstrative. It provides the Republic of Turkey with international legal grounds, guided by the principles of international law, in case of a threat or violation of the sovereignty of the Republic of Azerbaijan, its territorial integrity, to provide it with all kinds of assistance. And this help can be of any nature. International law contains such concepts as the individual right to self-defense and collective defense. That is, in principle, the Shusha Declaration provides grounds for joint defense in the event of a violation of the sovereignty and territorial integrity of one of the signatory states.
And since it required ratification in Parliament, this means that this treaty contains rules that differ from national legislation. Therefore, the Milli Majlis, approving such a document, allows the implementation of the norms invested in it at the interstate level.
In addition, the very fact of ratification shows the importance Turkey and Azerbaijan attach to this document.
Author: Rauf Orudzhev
Translator: Gulnara Rahimova
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