Armenia and Turkey Are Not Authorized `To Define’ The Border

Armenia and Turkey Are Not Authorized `To Define’ The Border

and-turkey-are-not-authorized-%e2%80%9cto-define%e 2%80%9d-the-border/
By Contributor on Sep 25th, 2009

In the fifth clause of the protocol on the establishment of diplomatic
relations between the Republic of Armenia and the Republic of Turkey,
the parties agree to define the existing border.

In this regard, it is necessary to take up a very important question,
even if strange at first glance, whether the Republic of Armenia and
the Republic of Turkey are in fact within their authority according to
international law `to define the existing border’.

Let me clarify the idea behind the question. From the perspective of
international law, any international multilateral agreement, no matter
how it ends up, be it a treaty, an agreement, protocol, etc., can be
altered (amended, modified, suspended, terminated or nullified) only
with the participation and agreement of all parties to the given
document. This principle, in terms of treaties, is codified in
Articles 39-41 of the Vienna Convention on Treaties (1969).

The `definition’ of the Armenian segment of the border of the former
USSR as the border between Armenia and Turkey, from a legal point of
view, implies a change in the border1, because the de jure
Armenia-Turkey border is very different from the Soviet-Turkish
border. This de jure, and thus the only legal border was `defined’ by
a multilateral treaty, and consequently `to define the existing
border’ is in reality a change in frontiers and, in this case, falls
outside of bilateral relations for the following reason.

After suffering ignominious defeat in the First World War, on the 30th
of October, 1918, the Ottoman Empire signed the Mudros
Armistice. Legally speaking, this armistice was an unconditional
surrender, i.. e. unqualified capitulation, and so the entire
sovereignty of Turkey was transferred to the victors until a peace
treaty was signed. That is to say, the victorious Allies2 were to
subsequently decide which part of the Ottoman Empire was to come under
the sovereignty of a Turkish state and to what degree.

During 1919-1920, the Paris Peace Conference took place to discuss the
conditions of the peace treaties. In April, 1920, the San Remo session
took up the fate of the Ottoman Empire. Naturally, one of the most
important questions was the future of Armenia. Therefore, on the 26th
of April, the Supreme Council of the Allied Powers officially
approached the President of the United States Woodrow Wilson `to
arbitrate the frontiers of Armenia’ as per an arbitral award. 3

Two factors in this previous paragraph need further clarification:

a) The Supreme Council of the Paris Peace Conference was authorized
and functioning on behalf of all the Allied Powers. That is, the
compromise for the arbitration deciding Armenia’s border, and
consequently the unqualified acceptance of obligations by the award to
be made on that basis, was made on behalf of all the Allied
Powers. During the First World War, more than thirty states formed
part of the Allied Powers, and, counting the British Empire, the Third
French Republic, the kingdoms of Japan and Italy, with all their
dependent territories, it came to almost a hundred countries.

b) The border with the Republic of Armenia, as opposed to other
borders with Turkey, was to be decided not by a peace treaty, but
through arbitration. From a legal perspective, this is an extremely
important detail, because treaties can always be modified, suspended
or terminated upon the agreement of the parties, whereas arbitral
awards are `final and without appeal’, as well as being binding.4 That
is, arbitration cannot be altered or repealed, as opposed to
treaties. Besides which, arbitration and treaties are carried out with
opposite procedures. While in treaties, the agreement is first reached
and only then a corresponding legal document put in place, arbitration
begins with signing the compromise on unqualified acceptance of the
future agreement, after which only the award is granted.

And so, as a consequence of the aforementioned compromise on the 26th
of April, US President Woodrow Wilson officially took on the
arbitration of the Armenian-Turkish border in writing on the 17th of
May, 1920, and began to carry out the required work. It is necessary
to point out here that this was almost three months before the Treaty
of Sèvres was signed (the 10th of August, 1920) and so, the
arbitration process commenced independent of the signing of that peace
treaty and this compromise which is mentioned in it as Article 89.

In summary, one may draw this clear conclusion. The border between
Turkey and the Republic of Armenia was decided based on the arbitral
award which came out of two independent compromise (San Remo, 26 April
1920, and Sèvres, 10 August 1920). The award was granted on the
22nd of November, 1920, to come into effect that same day. Two days
later, on the 24th of November, the ruling was officially conveyed to
Paris by telegraph. This Arbitral Award has never been appealed, it is
in effect to this day. The award was legal and lawful. It functions
independent of the Treaty of Sèvres. The compromise included in the
Treaty of Sèvres as Article 89 was and continues to be an
additional, but not the basic compromise.

And so, the border between Armenia and Turkey has been decided by a
multilateral instrument of international law, an arbitral award, to
which almost a hundred countries are party today.

After all this, let us return to the real question at hand:

Upon what basis of international law do the authorities of the
Republic of Armenia and the Republic of Turkey wish to dismiss their
own international obligations by transgressing an inviolable
international decision, the arbitral award, through a bilateral
protocol?

Additionally one must bear in mind that international law does not
take into account in principle any procedure or precedent for
modification or annulment (nullification of the legality) of an
arbitral award which has legally come into effect. Refusal by the
losing party to comply with the award is not in itself equivalent to a
lawful annulment. The plea of nullity is not admissible at all and
this view is based upon Article 81 of The Hague Convention of 1907,
and the absence of any international machinery to declare an award
null and void.

http://www.asbarez.com/2009/09/25/armenia-

Judge said Kerkorian probably knew of wiretapping

Judge said Kerkorian probably knew of wiretapping
By Gina Keating

Reuters
Thu Sep 24, 2009 1:58pm EDT

LOS ANGELES (Reuters) – A federal judge said that billionaire investor Kirk
Kerkorian probably knew that his ex-wife was being illegally wiretapped
during their child custody dispute, according to court documents.

Kerkorian, the largest shareholder of casino operator MGM Mirage, has
consistently denied that he knew that his attorney Terry Christensen paid
celebrity sleuth Anthony Pellicano to tap the phone of his ex-wife, Lisa
Bonder Kerkorian, in 2002.

Christensen and Pellicano last year were sentenced to federal prison for
their roles in the illegal tapings. Kerkorian, 92, was never charged and is
not under investigation, his attorney said.

A U.S. Attorney’s Office spokesman declined to comment.

But the judge who tried Pellicano and Christensen said in a 2008 opinion
that there was "reasonable cause to believe that (Kerkorian) was" complicit
in their illegal conduct, court documents showed.

The previously sealed opinion by U.S. District Judge Dale Fischer surfaced
on Wednesday in a civil lawsuit brought by Lisa Bonder Kerkorian against her
ex-husband, Pacific Bell Telephone Co, and Christensen.

Fischer’s opinion pertains to whether taped conversations between Pellicano
and Christensen could be used by prosecutors in the criminal trial.

"Because the conversations are not privileged, the Court need not decide
whether Kerkorian was complicit in the alleged illegal conduct," Fischer
wrote in the opinion. "However, the communications themselves provide a
reasonable cause to believe that he was."

Fischer notes in her order that the recordings show that Christensen "does
not deny that he is telling Kerkorian what Pellicano is hearing" (on the
wiretaps).

In another recording, Christensen "explains that he will talk to Kerkorian
about the information that he has received from Pellicano," Fischer’s
opinion says.

In another conversation, Pellicano asks if Kerkorian is happy with his work,
and Christensen replies that "our jaw is still hanging down" over some of
the information Pellicano had obtained, the opinion said.

Seth Hufstedler, an attorney for Kerkorian, said Fischer "said only that
there was reasonable cause to believe" Kerkorian knew about the wiretaps and
that the judge left the matter as "an undecided issue."

Hufstedler knew of "no investigation of Mr. Kerkorian in connection with
this matter."

Pellicano, once known as Hollywood’s private eye to the stars, was sentenced
in December to 15 years in prison for running a criminal enterprise
involving wiretapping and bribery. He also faces more than a dozen civil
lawsuits brought by former targets of his illegal wiretapping.

The former sleuth worked for lawyers representing celebrities including Tom
Cruise, Elizabeth Taylor and Michael Jackson, and presented himself as the
ultimate problem solver.

(Reporting by Gina Keating, editing by Dan Whitcomb, Eric Walsh and Matthew
Lewis)

First Armenian Church In Arizona To Be Consecrated Sept. 20

FIRST ARMENIAN CHURCH IN ARIZONA TO BE CONSECRATED SEPT. 20

irst-armenian-church-in-arizona-to-be-consecrated- sept–20
Tuesday September 22, 2009

American-Armenians from throughout the Valley of the Sun and
neighboring California will come together on Sunday, September 20,
to witness the consecration of St. Apkar Armenian Apostolic Church,
the first Armenian Church built in Arizona.

The sanctuary, architecturally inspired by the seventh century Saint
Hripsime Church in Armenia, will be consecrated by Archbishop Hovnan
Derderian, Primate of the Western Diocese. The ceremony will take
place at 10 a.m., after which the Divine Liturgy will be celebrated.

Parishioners, guest clergy, and dignitaries will enjoy a performance by
the Khachadourian Choir from Los Angeles. Following the festivities,
a celebration luncheon and program will take place in the Armenian
Church Cultural Center, 8849 E Cholla Street, Scottsdale, on the
property next to St. Apkar Armenian Church.

On the previous evening, a dinner dance at the center will have
featured live Armenian music by Khachig from California and a
family-style Armenian kebob dinner. Reservations are required for
both the Saturday night dinner dance and Sunday celebration lunch.

The parish priest, Rev. Fr. Zacharia Saribekyan, and Jerry Avakian,
the chairperson of the Parish Council, provided leadership, while the
members of the Parish Council, a Building Committee, a Fundraising
Committee, and many parishioners worked hard and gave generously for
the church to be built.

http://www.reporter.am/go/article/2009-09-22-f

New Allegations In Armenian Genocide Fight

NEW ALLEGATIONS IN ARMENIAN GENOCIDE FIGHT
Mike Doyle

Fresno Bee
September 22, 2009 Tuesday 8:31 AM EST
CA

There’s a new and bizarre twist in the unending political battle
over an Armenian Genocide resolution — a battle in which San Joaquin
Valley lawmakers and local residents have long played key roles.

As part of an Ohio election dispute, a woman named Sibel Edmonds who
served very briefly as an FBI translator has been making pointed and
wide-ranging allegations against Turkish officials. The unproven and
reputation-damaging allegations against past and present members of
Congress, which she first raised in a deposition, now get broader
play in a story coming out this week in Pat Buchanan’s magazine The
American Conservative. Without endorsing any of Edmonds’ unproven
claims, the article might be worth a look for those deeply interested
in Armenian-American issues.

"Hye Fest" Theatrical Festival Kicks-Off October 1

"HYE FEST" THEATRICAL FESTIVAL KICKS-OFF OCTOBER 1
Lilit Nurijanyan

200 9/09/22 | 13:46

Culture

The 7th annual "Hye Fest" international theatrical festival will kick
off in Yerevan on October 1.

Thirty-three theatrical troupes from 22 countries will travel to
Armenia to take part in the festival that will include more than fifty
performances. Festival Director Artour Ghoukasyan reported that the
Hrachya Ghaplanyan State Dramatic Theater would be participating for
the second time.

Mr. Ghoukasyan stated that the festival, financed to the tune of
35 million AMD by the Ministry of Culture, would have 5-6 open
air performances in addition to seminars, master classes and video
presentations.

http://hetq.am/en/culture/hayfest/

Turkey To Recognize Abkhazia’s Independence: Milliyet

TURKEY TO RECOGNIZE ABKHAZIA’S INDEPENDENCE: MILLIYET

Information-Analytic Agency NEWS.am
Sept 21 2009
Armenia

Ankara will recognize independence of Abkhazia in the near future,
while Moscow will recognize Turkish part of Cyprus, the article by
Turkish journalist Cenk Baslamis published in Milliyet daily reads.

According to him, incredible at first sight, this forecast is as
difficult to implement as the establishment of relations between
Ankara and Yerevan.

After Russian-Georgian conflict, Russia, Nicaragua and Venezuela
recognized independence of South Ossetia and Abkhazia.

AAA: 2010 Assembly Internship Applications Are Now Being Accepted

PRESS RELEASE
For Immediate Release
September 21, 2009
Contact: Michael A. Zachariades
Email: [email protected]
Phone: (202) 393-3434

2010 ASSEMBLY INTERNSHIP APPLICATIONS ARE NOW BEING ACCEPTED

Don’t Miss Out on the Opportunity of a Lifetime!

Washington, DC – The Armenian Assembly of America (Assembly)
announced today that application deadline for the 2010 Terjenian-Thomas
Assembly Internship Program in Washington, DC is December 10, 2009.
Additionally, applications for the Assembly’s internship program in
Armenia will also be accepted through February 15, 2010.

The Terjenian-Thomas Assembly Internship Program, an eight-week summer
program, now entering its 33rd year, is designed to provide college
students of Armenian descent the opportunity to intern in the nation’s
capital, while taking part in a full schedule of educational, social and
cultural activities. Students accepted to the Washington program will be
placed in congressional offices, think tanks, media outlets and
government agencies based on their educational background and
interests.

Interns will have the opportunity to discuss Armenian-American issues
during meetings with Members of Congress and other government officials
and noted academics through the "Capitol Ideas and Lecture Series"
programs. Over 900 students have taken part in the popular program since
its inception in 1977.

Partial and full housing scholarships for the Terjenian-Thomas Assembly
Internship Program in Washington, DC are available to qualified students
on a competitive basis. Applications are available on the Assembly’s
Web site at

The Assembly also offers a similar internship program in Yerevan,
Armenia. Now entering its 10th year, the Yerevan program provides
students the opportunity to live and work in one of the most
historically and culturally rich countries in the world. Students will
work in Armenian government agencies, non-governmental organizations
(NGOs), medical centers, media outlets and more, as well as meet with
Armenia and Nagorno Karabakh officials and tour historical sites in and
around the country.

For more information on the internship programs or assistance with the
application process, please contact Internship Coordinator Joseph Piatt
in Washington, DC at (202) 393-3434, ext. 336, or via email at
[email protected].

The Terjenian-Thomas Assembly Internship Program is made possible by
Memorial Funds established through the generosity of Aram Terjenian,
Annie Thomas and Florence Terjenian of Belmont, Massachusetts.

Established in 1972, the Armenian Assembly of America is the largest
Washington-based nationwide organization promoting public understanding
and awareness of Armenian issues. The Assembly is a 501(c)(3) tax-exempt
membership organization.

###

NR#2009-067

www.aaainc.org.

Dairy-Makers Obliged to Indicate Milk Powder Presence in Products

Armenian dairy-makers obliged to indicate milk powder presence in
products

YEREVAN, September 18. /ARKA/. Armenian government decided Thursday to
tighten requirements to dairy industry, obliging dairy-makers to
indicate the fact of using milk powder on labels.

Agriculture Minister Gerasim Alaverdyan said that replacement of fresh
milk with more cheap powder became commonplace amid the economic
recession.

He said that world prices for milk powder plunged recently.

That is why this product is being imported in Armenia in large volumes.

In particular, 898 tons of milk powder were brought to Armenia in the
first half of 2009 against 416 tons imported at the same period a year
earlier.

Alaverdyan said that economy entities prefer to use milk powder,
causing reduction in fresh milk output. M.V.-0—

Renowned Italian Mezzo-Soprano To Perform In Yerevan

RENOWNED ITALIAN MEZZO-SOPRANO TO PERFORM IN YEREVAN

Tert
Sept 17 2009
Armenia

Open Music Festival’s next concert will take place this evening with
a performance by Italian solo mezzo-soprano Anna Maria Chiuri and the
National Chamber Orchestra of Armenia, under the leadership of Artistic
Director and Principal Conductor Aram Gharabekian. This evening’s
"Souvenir d’Italia" concert program includes famous names in world
classical music Tchaikovsky, Gershwin, Piazzola, Tosti and others.

Mezzo-soprano Anna Maria Chiuri is an international award winner,
participating in such prestigious world festivals as Milan’s La Scala,
Venice’s Fenice, and Palermo’s Massimo, as well as many others.

Yerevan’s first Open Music Fest is gradually coming to an end. The
festival will conclude with a closing gala concert on September 22.

View From Turkey: Similarities And Differences Of Countries In The R

VIEW FROM TURKEY: SIMILARITIES AND DIFFERENCES OF COUNTRIES IN THE REGION

Tert
Sept 18 2009
Armenia

The situation of these three countries — Armenia, Turkey and
Azerbaijan — is similar in a way. Tert.am’s correspondent in Istanbul
recently spoke with a representative of an NGO working in Turkey,
who deals with issues of Armenian-Turkish and Turkish-Greek relations.

According to the NGO representative, who didn’t wish to have his name
published, the situation in Armenia and Turkey is more similar.

"Though in terms of the level of democracy, these two countries have
issues, the situation can’t be compared with that of Azerbaijan. If
there is pressure in our two countries, if there is the issue of
people imprisoned for their political views, which is unacceptable,
then in Azerbaijan the situation is worse," he said.

According to him, in Azerbaijan there is dictatorship, and cases of
human rights violations and repression are more frequent– but those
issues simply aren’t voiced by the mass media.

"There is opposition in Armenia, which is active, there is political
activity, with which your country differs favourably from its
neighbouring country," he stated.

As for the Nagorno-Karabakh issue in the context of Armenian-Turkish
relations, the NGO representative said that, in Turkey, they have
finally begun to understand that it’s difficult to connect the
Nagorno-Karabakh issue with Armenian-Turkish negotiations.

The issue of Nagorno-Karabakh is actively used by the Turkish
opposition, but taking into account Turkey’s numerous issues, the
country will have to do its best to settle each problematic issue.