
- In order to justify the territorial
claims of Armenia towards Azerbaijan, the officials of
the former frequently raise a proposition, according to
which Nagorno-Karabakh has never been within the
jurisdiction of independent Azerbaijan. The following
arguments underlie this assertion:
·
Firstly,
in the period when independent Azerbaijan became part of
the Soviet Union Karabakh had not been within its
jurisdiction, the evidence of which was the decision of
the League of Nations that refused to recognize
Azerbaijan because of its territorial claims to the
Armenian populated Eastern Caucasus, including in
particular Nagorno- Karabakh, as well as the lack of
efficient state control over its supposed territory and
inability to ground the legitimacy of the frontiers of
this territory.
-
Secondly,
the legal cause for secession of Nagorno-Karabakh
from Azerbaijan in the process of disintegration of
the USSR in 1991 and the establishment of the
"Republic of Nagorn-Karabakh". Thereby the special
emphasis is placed on the provisions of the Law of
the USSR "On the Procedures for Resolving Questions
Related to the Secession of Union Republics from the
USSR" of 3 April 1990, according to which in case of
realization by the Union republic of the secession
procedure provided for in this Law autonomous
entities would acquire a right to decide
independently the question of staying in the USSR or
in the seceding republic, as well as to raise the
question of their own state-legal status.
-
Thirdly,
refusal by Azerbaijan to regard itself as a
successor state to the USSR, and thus the lack of
any reason to have pretensions to the frontiers of
that period.
|