Acta Universitatis Danubius. Juridica, Vol 14, No 1 (2018)

The Macedonia Name Dispute: ICJ’s Decision and its Legal Approach

Shefki Shterbani

Abstract


Macedonia's name issue began after the declaration of Macedonia independence and its membership in international organizations. This problem has hindered Macedonia in the process of membership in other international organizations and mechanisms, namely in NATO, and this has resulted due to the opposition by Greece. This aim of this paper is through analysis of the advisory opinion of International Court of Justice to elaborate its effects in line with Macedonian future memberships in International Organisations. An Interim Accord was signed by Greece and Macedonia, whereby, among others, Greece shall not hinder Macedonian integration processes on the basis of the international agreement. Due to violation of this agreement by Greece, Macedonia was prompted to file a case with the ICJ. Issues dealt with relate to the review of the violation of the accord and its consequences. The main focus would be the analysis of the ICJ advisory opinion on the violation of the Accord by Greece, the impacts of this opinion and Macedonian prospect in its future integration processes. A result of this accord, which generated legal consequences for both countries and allegations of its violation, led to advisory opinion of IJC whether there actually was a violation of the interim accord signed in 2005. This opinion of the Court may have a positive impact in Macedonia’s membership in International Organizations such as: NATO, EU. Moreover, Macedonia’s future membership in international organizations depends heavily on a final agreement with Greece on resolving the issue of the name.  


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