Author: Nalbandian Albert

News.am

OSCE Co-Chairs call sides to be constructive
18:04 / 09/26/2009

The press statement posted on the OSCE homepage reads:

`New York, 26 September 2009 ‘ The Co-Chairs of the OSCE Minsk Group,
Ambassadors Yury Merzlyakov of Russia, Bernard Fassier of France, and
Robert Bradtke of the United States, released the following statement
today:

‘The newly-appointed United States’ Co-Chair of the OSCE Minsk Group
Ambassador Robert Bradtke invited French Co-Chair Ambassador Bernard
Fassier, Russian Co-Chair Ambassador Yury Merzlyakov, and Personal
Representative of the Chairman-in-Office Ambassador Andrzej Kasprzyk
to Washington D.C. September 24 for consultations. The Co-Chairs met
with Dr. Elizabeth Sherwood-Randall, Senior Director for European
Affairs at the National Security Council and Deputy Assistant
Secretary of State Tina Kaidanow.

The Co-Chairs met September 25 in New York with Azerbaijani Foreign
Minister Elmar Mammadyarov and Armenian Foreign Minister Edward
Nalbandian on the margins of the UN General Assembly. The two foreign
ministers and the Co-Chairs reaffirmed a commitment to negotiations
based on the Basic Principles, and discussed upcoming travel of the
Co-Chairs to the region in early October.

As agreed in Moscow July 18, the Co-Chairs will travel to Armenia and
Azerbaijan to prepare for a proposed meeting between President Aliyev
and President Sargsian in Chisinau on the margins of the CIS Summit.

At this important moment in the negotiating process, the Co-Chairs
called on both sides to be constructive in their public statements.""

Japanese ASICS becomes new sportswear distributor in RA
25.09.2009 21:51 GMT+04:00

/PanARMENIAN.Net/ Yerevan hosted a ceremony of agreement conclusion
between RA Sports and Youth Affairs Ministry, RA National Olympic
Committee and ASICS Japanese corporation. The agreement was signed by
RA Sports Minister Armen Grigoryan and ASICS RUS Director General Igor
Fomin.

In accordance with the agreement, Japanese ASICS becomes new
sportswear distributor in RA.

SICS Corporation started life as Onitsuka Co., Ltd. on September 1,
1949. On July 5, 1958, they amalgamated with a sales subsidiary, Tokyo
Onitsuka Co., Ltd. which was originally a manufacturing subsidiary,
and become Onitsuka Co., Ltd.

Thereafter, on July 21, 1977, the new Onitsuka Co., Ltd. merged with
GTO Co., Ltd, a manufacturer of sports wear and goods, and JELENK Co.,
Ltd, a manufacturer of sports wear, and became the present ASICS
Corporation. Since this major merger, ASICS has grown into one of the
leading sporting manufacturers within the industry.

Hrant Vardanyan: Masis Tobacco operates without downtime
25.09.2009 13:51 GMT+04:00

/PanARMENIAN.Net/ Masis Tobacco operates without downtime and has not
incurred the crisis impact, Grand Holding owner Hrant Vardanyan told
journalists. The factory, he said, has 1600 permanent employees and
1050 seasonal workers. `Crisis has not affected our work; on the
contrary, we had new job openings. All difficulties are possible to
overcome if one uses common sense. Over the whole period of our work
we have never sought Government’s financial assistance,’ entrepreneur
said, adding that per kilogram price for tobacco leaves comprised AMD
73 which the company paid to villagers.

Touching on possible opening of Armenian-Turkish border, Vardanyan
noted that it created good opportunities for Armenia, considering
Turkey’s big market. `Our businessmen’s concerns that cheap Turkish
products might oppress local manufacturers are unfounded. I think
Government will make relevant amendments to customs policy
legislation, protecting Armenian goods from damping prices,’
entrepreneur stressed.

ACCORDING TO CHAIRMAN OF AUDIT CHAMBER, SOME OF REVEALED VIOLATIONS RESULT FROM LEGISLATIVE GAPS

NOYAN TAPAN
SEPTEMBER 24, 2009
YEREVAN

YEREVAN, SEPTEMBER 24, NOYAN TAPAN. At the September 23 sitting,
the Board of the RA Audit Chamber approved the current reports on
the results of the checks on the use of state budget allocations
and collection of budget revenues in 2007-2008 at the Ministries of
Finance, Justice, Sport and Youth Affairs, and the Main Department
of Civil Aviation, as well as the checks on the implementation of the
RA Social Investment Fund’s third program financed by the World Bank.

Audit Chamber Chairman Ishkhan Zakarian said at a press confrence
following the sitting that some upward distortions and violations were
revealed in these cases, like in any other construction work, but the
"positive thing" is that considerable part of the sums to be paid back
(in some cases, the whole sum) has been paid back to the state budget,
while the rest will be transferred later – according to an established
schedule. Besides, two persons responsible for construction in the
civil aviation sector were dismissed. I. Zakarian pointed out that
they would like the Audit Chamber to be an assisting rather than a
punitive body.

In his words, they also revealed shortcomings of other kind, including
violations that propably result from imperfect laws and legilsative
gaps. In particular, the checks at the Ministry of Finance found
violations in the licencing of casinos and prize games and the poor
control of the activities of economic entities in this sector. For
example, 42 of the 102 licensed gaming-tables were presented as
actually operating, whereas a fixed monthly payment of 4 million drams
is to be made for each of them. The Audit Chamber proposed clarifying
the legislation in order to rule our the possible corruption risks
and underpays. Some shortcomings were also disclosed in the licensing
of audit activity and the supervision of the sale and import of items
made of precious metals and stones.

The Audit Chamber revealed a serious problem related to a legislative
gap regarding civil aviation. In Armenia, the registration of airlines
is free, which should be eliminated. As a result, out of the 12
airlines registered, only three actually operate in Armenia, whereas
the 9 other companies work in the UAE and some African countries. These
9 airlines paid taxes of a total of 37.2 million drams in 2007-2008,
whereas Armairo company operating one helicopter in Armenia paid 41.3
million drams.

YCAP COMMUNITY CIVIC ACTION CONFERENCE IN TSAKHKADZOR

armradio.am
23.09.2009 15:36

The Third Annual Community Civic Action Conference commenced in
Tsakhkadzor on September 23 within the framework of the USAID
Youth and Community Action Program (YCAP). The opening session was
attended by U.S. Ambassador Marie L. Yovanovitch, representatives
of USAID/Armenia, the Academy for Educational Development, Freedom
of Information Center of Armenia, Internews, local NGOs and members
of the 80 YCAP communities from all 10 marzes of Armenia.

The three-day Conference brings together 160 representatives from
YCAP civic groups to discuss common issues and problems, share
experiences and lessons learned, and forge networks and closer working
relationships among civic groups in the country. During the conference
the participants take part in interactive workshops on leadership,
public relations, civic participation, advocacy and alternative media,
and participate in an Open Space session on Promoting Civic Activism
in Armenia.

In her opening remarks, Ambassador Yovanovitch noted the importance
of building partnerships and networks to strengthen advocacy, and the
need for constructive engagement with local and national institutions
for collective action. "Community action, even in small communities, is
the fundamental first step toward social change, political engagement,
and economic equity.

It is a vital step in bringing about greater accountability from
those that govern, both on a local and a national level," she said.

In addition, the participant Youth Action Clubs and Community Action
Committees will put together exhibition/poster presentations focused
on their work in their communities’ economic, social, educational,
democratic, cultural and environmental advancement.

ARMENIAN – TURKISH BORDER

s15262.html
10:44:25 – 22/09/2009

Armenia and Turkey are not authorised "to define" the border

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 border (1) 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 Allies (2) 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 authorised and
functioning on behalf of all the Allied Powers. That is, the compromis
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 compromis on unqualified acceptance
of the future agreement, after which only the award is granted.

And so, as a consequence of the aforementioned compromis 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
compromis 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 compromis (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 compromis included in the
Treaty of Sèvres as Article 89 was and continues to be an additional,
but not the basic compromis.

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 (5).

AZERBAIJAN SEEKS TO HAVE GOOD RELATIONS WITH NEIGHBOURS, BUT ARMENIA SHOULD TAKE STEPS IN THIS DIRECTION TOO – FM

Trend News Agency
Sept 22 2009
Azerbaijan

Azerbaijan seeks to have good relations with neighbours, but Armenia
should take steps in this direction too, said Azerbaijan’s Foreign
Minister Elmar Mamedyarov. He made this statement on Tuesday, speaking
at the Harriman Institute of Columbia University, Trend News special
correspondent in New York reported.

The meeting was attended by expert on former USSR and Eastern Europe
countries, former State Department official Stephen Sestanovich,
Azerbaijani Ambassador to the United States, Yashar Aliyev, head
of the Permanent Mission of Azerbaijan to the UN Agshin Mehdiyev,
professors and students of University.

In his speech, Mamedyarov particularly raised the issue of
Nagorno-Karabakh conflict. According to the Minister, the resolution
of the Nagorno-Karabakh conflict is the main priority of Azerbaijan’s
foreign policy.

Azerbaijan has such a geopolitical location that the solution to
the Nagorno-Karabakh conflict is not only important for its own
development, but also for the development of the whole region,
said Mamedyarov.

He stressed that Azerbaijan’s position in this matter is clear:
20% of Azerbaijani lands are under occupation and more than a
million people are refugees, only after the return of these people
to their homes there can be any negotiations related to the status
of Nagorno-Karabakh.

In this regard, negotiations between Azerbaijan and Armenia are being
held, the influence of countries such as USA, Russia and France is
very important in resolving this conflict, said Mamedyarov.

Azerbaijan is located in the region, which unites East and West and
using its geopolitical situation, it always made efforts to achieve
stability in the region, he said.

Speaking of such projects as the Baku-Tbilisi-Ceyhan oil pipeline,
Baku-Tbilisi-Erzurum gas pipeline, Baku-Tbilisi-Kars railway and
Nabucco gas pipeline, Elmar Mamedyarov said they have important role
in the development of statehood and sovereignty of Azerbaijan and
at the same time, they have large positive impact on the economic
development of Azerbaijan, the countries of the region and beyond it.

ARF HOPES THE DOCUMENTS WILL BE CHANGED
Siranush Muradyan

"Radiolur"
22.09.2009 16:23

ARF Dashnaktsutyun has not changed its stance on the Armenian-Turkish
relations. It still hopes the pre-signed protocols can be changed. The
President also said any changes are hardy probable but possible,
member of the ARF Bureau, head of the ARF Dashnaktsutyun faction
Vahan Hovhannisyan said, adding that the negotiations are not over
until a document is signed.

Speaking about the possible cooperation with the opposition, Vahan
Hovhannisyan did not rule out the partnership with the "Heritage."

As for the Armenian National Congress, Vahan Hovhannisyan said "Levon
Ter-Petrosyan wishes Serzh Sargsyan to fail on the Armenian-Turkish
issue."

"Levon Ter-Petrosyan is confident that the process will fail and
he will benefit from it. I assure that not a single Armenian will
benefit if the process fails," Vahan Hovhannisyan said.

18TH ANNIVERSARY OF ARMENIA’S INDEPENDENCE MARKED IN BELARUS

NOYAN TAPAN – ARMENIANS TODAY
SEPTEMBER 22, 2009
MINSK

MINSK, SEPTEMBER 22, NOYAN TAPAN – ARMENIANS TODAY. The Symphony
Orchestra of Belarusian National State TV and Radio Company performed
a concert on September 18 dedicated to the 18th anniversary of RA
Independence with the assistance of the RA Embassy in Belarus.

The next day, on September 19, the press conference of Ambassador
of RA to Belarus Oleg Yesayan was held at the National Press Center
of Belarus.

In response to many questions, in his greeting speech the RA Ambassador
presented the 18 years’ past way of Armenia’s independence, the home
political developments in the country, the economic condition, the
friendly atmosphere established in the Armenian-Belarusian relations,
the current volumes of bilateral trade and economic cooperation and
the preconditions of their growth.

According to the RA Foreign Ministry Press and Information Department,
a solemn event dedicated to the 18th anniversary of Armenia’s
Independence was held the same day with joint efforts of Belarusian
Company for Friendship with Foreign Countries and Cultural Contacts,
Minsk Town Armenia Cultural Company and RA Embassy. RA Ambassador
Oleg Yesayan gave a speech at the event. Renowned art figures of
Belarus, heads of Belarusian Armenian communal organizations, RA
Embassy diplomats were among those present at the event.

MIDEAST-SYNOD Sep-18-2009 (450 words) xxxi

Pope ready to announce synod on Middle East for 2010

By John Thavis
Catholic News Service

VATICAN CITY (CNS) — Vatican sources said Pope Benedict XVI was
preparing to convene a Synod of Bishops for the Middle East to be held
in October of 2010, to address the trials and tribulations of the
Christian population in the region.

Patriarchs and other representatives from Eastern churches arrived in
Rome Sept. 18, and the pope was to meet with them the next day to
discuss the initiative, the sources said. An announcement of the synod
was expected in coming days.

Pope Benedict has spoken frequently about the pressures faced by
Christian and Catholic minorities in the Middle East, particularly in
the Holy Land and in Iraq. The synod would provide an opportunity for
a much-needed strategizing session at the level of the universal
church, one source said.

The Vatican press office would not confirm reports of a Middle East
synod, but it released the names of 11patriarchs and other
representatives meeting the pope Sept. 19 at his summer residence in
Castel Gandolfo.

They included the Chaldean patriarch, Cardinal Emmanuel-Karim Delly of
Baghdad, Iraq; Latin Patriarch Fouad Twal of Jerusalem; the
Lebanon-based Maronite patriarch, Cardinal Nasrallah P. Sfeir; and
representatives of the Ukrainian, Syro-Malabar, Coptic, Melkite,
Syrian, Armenian, Romanian and Syro-Malankar rites.

Last January, Chaldean Archbishop Louis Sako of Kirkuk, Iraq, and
other Iraqi bishops in Rome for their "ad limina" visits asked the
pope to convene a special synod for the churches of the Middle East.

Archbishop Sako said the priority topics for such a synod would
include the problem of Christians fleeing the Middle East, paying
Christian witness in a predominantly Muslim world, relations with
Muslims, the role of Christians in civil and political life, lack of
full religious freedom and Christians’ prospects for the future.

Bishop Maroun Lahham of Tunis, Tunisia, a Jordanian native of
Palestinian parentage, told Catholic News Service earlier this year
that when the church discusses Asia — as it did in a 1998 synod for
that region — "it’s the Philippines, India, Japan, not the Middle
East."

Bishops Lahham, who worked as a priest in the Latin Patriarchate of
Jerusalem as well as in the United Arab Emirates, said while the
Middle East is technically part of the Asian land mass, "the issues
… were very unlike those" in typically Asian countries.

"We didn’t feel (the Asian synod) was meant for us," said the bishop,
who was head of the seminary in Beit Jalla, West Bank, at the time.

– – –

Contributing to this story was Pat Morrison in Tunisia.

Copyright (c) 2009 Catholic News Service/USCCB. All rights reserved.
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