Решением Высшего Совета по науке и технологическому развитию Академии наук Молдовы и Национального Совета по аккредитации и аттестации журнал «Право и политология» признан как издание в области права и политологии, относящееся к научным журналам категории «Б» (решение № 151 от 21 июля 2014 года).

 

Журнал «Право и политология» является международным изданием научных партнеров

 

ИНСТИТУТ ЮРИДИЧЕСКИХ И ПОЛИТИЧЕСКИХ ИССЛЕДОВАНИЙ

 АКАДЕМИИ НАУК МОЛДОВЫ

 ГЕЛАТСКАЯ АКАДЕМИЯ НАУК (ГРУЗИЯ)

ВЫСШАЯ ШКОЛА ПО БЕЗОПАСНОСТИ И ЭКОНОМИКИ (БОЛГАРИЯ)


ПРАВО И ПОЛИТОЛОГИЯ / страница:

Namiq H. ALIYEV (Azerbaijan),
doctor of law, professor, Extraordinary and Plenipotentiary Ambassador, 
State Counselor of the 2nd Class,
Head of the department of International relations and foreign policy 
at the Academy of Public Administration under 
the President of the Republic of Azerbaijan
 
SOVEREIGNTY AND INTERNATIONAL LEGAL ASPECTS OF AZERBAIJAN'S FOREIGN POLICY IN THE CONTEXT OF CONSTITUTIONAL DEVELOPMENT
 
 
The 44-day Patriotic War, driven by the need to liberate Azerbaijani lands from Armenian occupation and restore the territorial integrity of the Republic of Azerbaijan, practically fulfilled the requirements of four United Nations Security Council resolutions.
Subsequently, the first steps were taken towards the delimitation and demarcation of the Azerbaijani-Armenian state border. In the interest of peace and stability in the South Caucasus region, this process was expected to be completed with the signing of an appropriate peace agreement on mutual recognition of state borders.
In September 2023, Azerbaijan fully restored its sovereignty and territorial integrity [See: 4]. This was vital not only in the context of the South Caucasus and national security but also for the further development of infrastructure, energy, transportation communications, and trade, which determine the future of Azerbaijan's economy and the well-being of its people.
Azerbaijan has journeyed from significant achievements in restoring its sovereignty and territorial integrity to the implementation of major infrastructure projects, establishing a reputable presence at international forums, and contributing to their work.
The legal basis of Azerbaijan's sovereignty
The concept of Azerbaijan's sovereignty implies a fair, modern, strong, and stable government, one of the first measures in the formation of which is the creation of a "social contract." Proponents of liberal theory equate the concept of the "social contract" with the Constitution. It is the Constitution that forms the basis for conducting an independent policy and serves as the legal instrument whose observance and implementation are intended to ensure the success of the state.
In accordance with the Constitution of Azerbaijan [1], "the right to freely and independently determine its fate and form of government is the sovereign right of the people of Azerbaijan" (Article 2), and the people of Azerbaijan are the sole source of state authority (Article 1).
However, during the period of gaining independence, Azerbaijan's territorial integrity was violated, and constitutional order and legality in certain parts of its territory — in the Nagorno-Karabakh region and the seven adjacent districts — could not be ensured for three decades due to the occupation of these territories by the Republic of Armenia.
After the full restoration of Azerbaijan's territorial integrity and sovereignty in 2023, the Constitution was implemented throughout the entire territory of the state. By the Decree of President Ilham Aliyev dated September 19, 2024, the Day of State Sovereignty of the Republic of Azerbaijan was established [7].
Sovereignty and authority of the state in international relations
By recognizing Azerbaijan's legitimate sovereignty over the liberated territories, the modern world acknowledged the possibility of the triumph of international law and accepted the new realities in the South Caucasus. This shifted the geopolitical landscape of the region, positioning Azerbaijan as a leader. New prerequisites emerged for the development of strong bilateral relations between Azerbaijan and Turkey, Russia, as well as other countries in the region. Non-regional and global actors came to the realization that building relationships with the South Caucasus is impossible without developing them with Azerbaijan.
Azerbaijan's chairmanship in the Non-Aligned Movement, which unites about 120 countries worldwide, revitalized the organization, significantly boosting the country's authority among the majority of states.
Azerbaijan's successes and increased authority paved the way for the country's accession to the "Islamic Eight" – the D-8 [6], which will now be renamed D-9. This marks a defining moment in enhancing the country's significance both in the Islamic world and within the Organization of Turkic States. It is worth noting that the D-9 is positioned as a major and representative organization, representing 60 percent of the world's Muslim population.
Azerbaijan's role continues to grow in other international structures, primarily in the Organization of Turkic States (OTS) and the Black Sea Economic Cooperation (BSEC). Strengthening ties with key regional players is one of the most important directions of Azerbaijan's foreign policy, shaping its position both in regional and international politics.
The largest and most significant event of the year was the successful hosting of the 29th session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP29) in Baku in November 2024. Azerbaijan has repeatedly reaffirmed its commitment to transparent and inclusive actions in the fight against climate change. Its environmental policy ensures a balance between the "green" transition and economic stability. Thus, Azerbaijan has become a key player in the sustainable energy sector.
The Zangezur Corridor – a foreign policy priority
A key issue on the regional agenda is Armenia's failure to fulfill its international obligation to open a ground transportation route between Nakhchivan and the rest of Azerbaijan. The Azerbaijani government expects Armenia to honor its commitments outlined in the Trilateral Statement of November 10, 2020. According to this agreement, communication between Nakhchivan and the rest of Azerbaijan must be secure and unobstructed. Armenia's obligation is unilateral and unconditional: "The Republic of Armenia guarantees the safety of transportation between the western districts of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic to ensure the unhindered movement of citizens, vehicles, and cargo in both directions" [2]. This provision of the agreement is directive and mandatory without preconditions.
It is not by chance that we have emphasized the words "security" and "unhindered movement," which Armenia continually tries to ignore. This means that railway communication between Nakhchivan and the rest of Azerbaijan is not subject to border control or customs procedures. Armenia must also fulfill its other obligations.
Through the restoration of the Zangezur Corridor, which was granted to the Republic of Armenia by Soviet authorities in the 1920s [5, p. 85-89], the opening of transportation communications, and the implementation of large-scale infrastructure, transportation, and other projects, the accelerated development of the economies of the South Caucasus countries is facilitated. This also promotes the development and strengthening of ties between Turkic-speaking countries, the diversification of routes for the Middle Corridor, and more.
The peace treaty with Armenia
The process of working on the text of the peace treaty, even with the slightest progress, was accompanied by statements from the leader and other officials of Armenia about their readiness to sign the peace treaty right at that moment.
For a long time, the Republic of Armenia tried to "push" Azerbaijan into signing a peace treaty in which not all necessary conditions had been discussed. Azerbaijan had to repeatedly explain to the Armenian side that in diplomacy and the negotiation process, there is a rule: if all provisions of the treaty are not agreed upon, then nothing is agreed upon. A treaty is a comprehensive document that covers all issues requiring settlement. The formal removal of unresolved provisions at a certain point leads to the opposite result

 : it does not result in a document with supposedly agreed-upon issues, but rather, all agreed-upon issues lose their status as agreed. Removing unresolved issues (provisions, clauses) from the draft does not make the treaty agreed upon; instead, it destroys the agreements already reached and disrupts the negotiation process. If not everything is agreed upon, then nothing is agreed upon!
Finally, Yerevan announced the completion of work on the text but tried to expedite the signing of the agreement, pretending not to understand that an agreed text does not yet mean its mandatory signing. The Armenian side still needs to fulfill certain conditions, without which the peace treaty cannot be signed. First and foremost, this involves amendments to the Constitution of Armenia and other acts that make territorial claims against Azerbaijan, a joint appeal to the OSCE regarding the dissolution of the Minsk Group, and others.
The necessity of fulfilling conditions for the signing of the peace treaty
The chain of illegitimate acts on which the first Armenian state in the South Caucasus was built represents the progressive adoption by the armenian community of legally invalid legal acts, which formed the basis of this non-subjective state.
The joint resolution of the Supreme Soviet of the Armenian SSR and the National Council of Nagorno-Karabakh from December 1, 1989, "On the Reunification of the Armenian SSR and Nagorno-Karabakh," violated three constitutions of the Soviet Union at once—the Constitution of the USSR, the Constitution of the Azerbaijan SSR, and the Constitution of the Armenian SSR. Therefore, from the moment of its adoption, it was illegitimate and legally null and void. Based on this, on August 23, 1990, the Supreme Soviet of the Armenian SSR, "developing the democratic traditions of the independent Republic of Armenia, established on May 28, 1918," adopted the Declaration of Independence of Armenia. The document was signed by the then-chairman of the Supreme Soviet of the Armenian SSR (and future first president of Armenia), Levon Ter-Petrosyan, one of the ideologists of Armenian nationalism, aggression, and the crimes that resulted from it, committed in the late 1980s and during his rule.
The Declaration, which was based on an illegitimate document, was inherently legally null and void and should not have been recognized by the international community. However, what is most interesting is that it served as the foundation for the 1995 Constitution of the Republic of Armenia, which explicitly references this in its preamble. This means that the Constitution of the Republic of Armenia contains territorial claims against Azerbaijan, and any peace agreement signed by Pashinyan would be in contradiction with the Constitution and doubly illegitimate: due to the Declaration and the contradiction with the Constitution itself.
The implementation of the declaration made by Pashinyan in February 2025 in his address to the nation, regarding the need for a new constitution, will allow the Republic of Armenia to "transition from the residual functioning of a stateless nation to the functioning of a state-formed people," providing a legitimate basis for the creation of its independent state. Additionally, after fulfilling the second condition, Armenia will be able to proceed with signing a peace treaty with Azerbaijan.
The second condition is a joint appeal regarding the dissolution of the OSCE Minsk Group. In its time, the Minsk Group disregarded both the essence of the conflict and international law (primarily the principles of the OSCE), which it should have adhered to in its activities. In other words, for more than a quarter of a century, the Minsk Group was engaged not in resolving the conflict, but in "diplomatic tourism" — a term that has become firmly embedded in political discourse, largely due to the trips of its co-chairs.
Throughout the entire period of the Minsk Group's activity, we did not see a single analytical document prepared by the co-chairs and presented for discussion among the other members of the Minsk Group. A unified position on the objective political and legal assessment of the conflict, necessary for its resolution, was never agreed upon. It is well-known that without diagnosing the disease, it is impossible to treat it. How did the co-chairs intend to resolve the conflict, not to mention the fact that there was aggression and occupation of Azerbaijan's territories?
The maintenance and restoration of peace and stability, both globally and in specific regions, as well as the application of sanctions against the aggressor state, are direct responsibilities of such authoritative international structures as the UN, OSCE, Council of Europe, NATO, and others. The co-chairs of the OSCE Minsk Group unjustifiably monopolized all rights to resolve the conflict, thus blocking its settlement. Not only did they fail to coordinate their actions with other members of the Minsk Group, but they also reacted vehemently when other organizations, such as those mentioned above, merely expressed opinions on the conflict. The goal was to force Azerbaijan to accept the freezing of the conflict.
It was also fashionable to talk about confidence-building measures (as if such trust had actually existed). However, what kind of trust could there be when Armenian occupation forces were present on the territory of the Republic of Azerbaijan, and the co-chairs turned a blind eye to the principles and norms of the OSCE, the UN Charter, and failed to demand their withdrawal?
Any diplomatic activity, especially in conflict resolution, must be based on international law and the decisions of international organizations. The Minsk Group never revisited the four unresolved UN Security Council resolutions from 1993, even though three of them (except the first one) were adopted based on reports not from the UN Secretary-General, but from the chairman of the OSCE Minsk Group.
The Minsk Group is a corpse that has not been issued a death certificate. So why is the Republic of Armenia not officially calling for the dissolution of the Minsk Group now?
The OSCE Minsk Group replaced the principles and norms of international law with so-called "rules," defined by someone’s geopolitical interests. The intention to resurrect it stems from the geopolitical interests of certain countries wishing to maintain a presence in the South Caucasus and interfere in the internal affairs of regional states. Armenia, as a non-subjective entity with territorial claims against Azerbaijan, creates the necessary conditions for this. In its view, the presence of the Minsk Group preserves the Karabakh issue. This is a dead-end path. The Karabakh issue has been resolved, and Azerbaijan's territorial integrity has been restored. The Azerbaijani state ensures the rights of all national minorities living on its territory in accordance with national legislation and international law.
If Armenia truly wants to prove, not just in words but in practice, that it recognizes Azerbaijan's territorial integrity, it should independently or together with Azerbaijan appeal to the OSCE with a request for the dissolution of the Minsk Group.
In conclusion…
In such a challenging time of geopolitical volatility and tectonic shifts, the "Year of the Constitution and Sovereignty" [3] is meant to be a year of significant achievements for Azerbaijan, strengthening its regional leadership and authority in global politics.
 
Bibliography:
1.Конституция Азербайджанской Республики. – Баку: Qanun, 2016
2.Заявление Президента Азербайджанской Республики, премьер-министра Республики Армения, Президента Российской Федерации от 9/10 ноября 2020 года. Официальный сайт президента Азербайджанской Республики (president.az). - president.az/ru/articles/view/45923
3.Об объявлении 2025 года в Азербайджанской Республике «Годом Конституции и Суверенитета». Распоряжение Президента Азербайджанской Республики - https://azertag.az/ru/xeber/2025_god_v_azerbaidzhane_obyavlen_godom_konstitucii_i_suvereniteta__rasporyazhenie-3354467
4.Алиев, Намик.  Восстановление территориальной целостности и суверенитета Азербайджана: правовые аспекты. – Баку: Elm və təhsil, 2023. –  202 с.
5.Алиев, Намик.   Армянская экспансия и международные договоры по Южному Кавказу в ХIХ-ХХ вв. Издание второе, дополненное. – Киев: Издательский дом Дмитрия Бураго, 2021. – 184 с.
6.МИД: Азербайджан вступил в D-8. - https://report.az/ru/vneshnyaya-politika/azerbajdzhan-vstupil-v-d-8/
7. Об учреждении в Азербайджанской Республике Дня государственного суверенитета. Распоряжение Президента Азербайджанской Республики от 19 сентября 2024 года. - https://president.az/ru/articles/view/66855

  
 
Namiq H. ALIYEV (Azerbaijan),
doctor of law, professor, Extraordinary and Plenipotentiary Ambassador, 
State Counselor of the 2nd Class,
Head of the department of International relations and foreign policy 
at the Academy of Public Administration under 
the President of the Republic of Azerbaijan
 
SOVEREIGNTY AND INTERNATIONAL LEGAL ASPECTS OF AZERBAIJAN'S FOREIGN POLICY IN THE CONTEXT OF CONSTITUTIONAL DEVELOPMENT
 
Summary. This article examines the key aspects of the relationship between the Constitution of the Republic of Azerbaijan, its sovereignty, and international legal principles within the context of the country’s foreign policy. The constitutional foundations of foreign policy, which ensure the implementation of Azerbaijan's sovereignty, are explored. Special attention is given to the legal mechanisms that regulate Azerbaijan's international relations, including its participation in international organizations, legal obligations, and partnerships. The article also analyzes the current international legal challenges faced by Azerbaijan, including issues of security, territorial integrity, and interaction with neighboring states. The role of the Constitution is considered as the primary document that not only defines the foreign economic strategy but also serves as the foundation for shaping foreign policy aimed at strengthening the independence and security of the state.
 
 
Намик Г. АЛИЕВ (Азербайджан),
        доктор юридических наук, профессор, Чрезвычайный и Полномочный посол, 
Государственный советник второго класса, 
руководитель кафедры «Международные отношения и внешняя политика» 
Академии Государственного Управления при Президенте Азербайджанской Республики
 
СУВЕРЕНИТЕТ И МЕЖДУНАРОДНО-ПРАВОВЫЕ АСПЕКТЫ ВНЕШНЕЙ ПОЛИТИКИ АЗЕРБАЙДЖАНА В КОНТЕКСТЕ КОНСТИТУЦИОННОГО РАЗВИТИЯ
 
Резюме. В данной статье рассматриваются ключевые аспекты взаимосвязи между Конституцией Азербайджанской Республики, ее суверенитетом и международно-правовыми принципами в контексте внешней политики страны. Исследуются конституционные основы внешней политики, которые обеспечивают реализацию суверенитета Азербайджана. Особое внимание уделяется правовым механизмам, регулирующим международные отношения Азербайджана, включая его участие в международных организациях, юридические обязательства и партнерские отношения. В статье также анализируются текущие международно-правовые вызовы, с которыми сталкивается Азербайджан, включая вопросы безопасности, территориальной целостности и взаимодействия с соседними государствами. Роль Конституции рассматривается как основного документа, который не только определяет внешнеэкономическую стратегию, но и служит основой для формирования внешней политики, направленной на укрепление независимости и безопасности государства.

 

  • LAW AND POLITOLOGY
    International scientific journal
    Website: www.law-politology.az
    Email: [email protected]