Еден пригоден цитат, у чест на враќањето од егзил на Шепард:
„Кога се разви полемиката околу симболите на државата, Јордан Мирковски напиша: „предлагам за национален симбол да земеме овца, стрижена со срп и со гордо крената опашка“.“ (Замина хроничарот на глупоста и на лицемерството)
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Appeal for Action of the Government of Serbia
In the case of imposition of the UN resolution providing for “Conditional” or “Postponed” or a “Full“Independence for Kosovo, it is necessary that the Government of Serbia requests that the following Draft Resolution be placed at the next Session of the UN General Assembly:
DRAFT RESOLUTION
The General Assembly
Considering the Article 2 and the Article 4 of the Charter of the United Nations,
Considering Advisory Opinion of the International Court of Justice of 28. of May, 1948,
Considering the UN Doc. S/1466 of 9. of March, 1950,
Considering the General Convention on the Privileges and Immunities of the United Nations, of 1946. and, in particular, the legal character of Article 1. and Article 8 (30),
Taking note that a difference in the legal interpretation of the Charter of the United Nations has arisen between the Serbia and the United Nations over the legality of status for Kosovo and the character of the United Nations Security Council Resolution 1244. of 1999. and consequently over the interpretation of the General Convention on the Privileges and Immunities of the United Nations and the Membership rights of Serbia and its legal status in the Organization and out of the Organization,
Considering the Article 96 of the Charter of the United Nations,
For the purposes to determine whether by the delivered UN Resolution for status of Kosovo the violation of the United Nations legal character as non-supranational Organization has occurred and consequently violation of Membership rights of Serbia and its legal status in the Organization has also occurred , as well as, violation of the legal order of the Organization and the International legal order, in general
And for the purpose to determine further course of action,
Decides to submit the following legal question(s) to the International Court of Justice:
Is the Resolution for Kosovo of the Security Council (or the General Assembly), relating to the status of Kosovo, legally in accordance with the Article 2 of the Charter of the United Nations? In particular, is the Resolution for Kosovo of the Security Council (or General Assembly), relating to the status of Kosovo, in violation of the Membership rights of Serbia, its rights concerning its legal status (in the Organization) and its legal personality, and is this resolution in violation of the legal order of the Organization, and the International legal order in general ?
* Made by the joint team headed by dr Igor Janev, Senior Researcher at the Institute for Political Studies, Belgrade, Serbia , web posted: February 10. 2006.
APPEAL TO THE GOVERNMENT AND THE PRESIDENT OF SERBIA *
In the case of establishment of the Tribunal for war crimes in the former Yugoslavia, it was apparent that a precedent has been made when resolutions of the United Nations Security Council (808. and 827.) in 1993 established a new provisional organ with the broad judicial competences. These acts were based on the UN Security Council Resolution 777(1992) and the UN General Assembly Resolution 47/1(1992), and on the assumption that former state (Yugoslavia) as a UN member ceased to exist. In our view, since UN Security Council does not have necessary judicial or legislative legal-setting (norm-creating) functions and powers, and since UN Security Council Resolution 777(1992) and the UN General Assembly Resolution 47/1 (1992) can not alter the basic rights of a member state (FRY), UN Security Council Resolutions 808/1993 and 827/1993 establishing the Tribunal (as an organ of the UN Security Council) represent an ultra vires act of the United Nations. It is apparent that UN organ, such as UN Security Council, can not confer more powers to the other organ (Tribunal for war crimes), than those it has itself, provided by UN Charter. For these reasons, we appeal to the Government of Serbia and the President of Serbia to request that the following Draft Resolution be placed at the next Session of the UN General Assembly:
DRAFT RESOLUTION
The General Assembly,
Considering the Article 2 of the Charter of the United Nations,
Considering the functions and powers in the Chapter VII of the Charter of the United Nations,
Considering the General Convention on the Privileges and Immunities of the United Nations of 1946, and, in particular, the legal character of Article 1 and Article 8 (30),
Taking note that a difference in the legal interpretation of the Charter of the United Nations has arisen between the Serbia and the United Nations over the legality of the establishment of the Tribunal for war crimes in the former Yugoslavia,
Considering the Article 96 of the Charter of the United Nations,
For the purposes to determine whether by the delivered United Nations Security Council Resolutions 808 (1993) and 827(1993), United Nations Security Council has made an ultra vires act(s) in execution of functions and powers not expressly provided for in the United Nations Charter,
And for the purpose to determine further course of action,
Decides to submit the following legal question to the International Court of Justice:
Are the resolutions of the United Nations Security Council 808 (1993) and 827 (1993) legally in accordance with the Article 2 of the Charter of the United Nations and provisions of Chapter VII of the Charter of the United Nations?
* Made by the joint team headed by dr. Igor Janev, Senior Researcher at the Institute for Political Studies (Institut za političke studije), Belgrade, Serbia, web posted: 22. 10. 2007.
Vo procedura na vospostavuvanje Ime vo OON, vooposto nee potrebno 128 drzavi
ili kvalificirano mnozinstvo. Nee potrebno postapka da odi preku Sovetot za
bezbednost, tuku samo preku Generalnoto sobranie. Nee potrebno ni da se
raskine Vremenata spogodba. Se sto treba e da se pokrene postapka preku G.
Sobranie na OON za dobivanje Mislenje od M. Sudot vo Hag.
Igor Janev proposed this question of UNGA for ICJ: "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?".
29.09.2007. Belgrade
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