Armenian MFA spokesperson responds to Azerbaijani counterpart
ArmInfo. The decision of the Constitutional Court very clearly and directly states that in the Declaration of Independence of Armenia, adopted in 1990, only those provisions that are literally expressed in the articles of the Constitution of the Republic of Armenia have constitutional force.
Thus, the press secretary of the Ministry of Foreign Affairs of Armenia Ani Badalyan commented on the statements of the Azerbaijani side that "the decision adopted by the Constitutional Court of the Republic of Armenia on the Regulations of the joint activities of the commissions for demarcation of the border of Armenia and Azerbaijan further emphasizes the territorial demands on the Azerbaijani side." According to her, therefore, what is not written in the text following the preamble of the Constitution of the Republic of Armenia, that is, in the articles of the Constitution, cannot be attributed to the Constitution, and there is no room for any other interpretation, especially since the High Court stated that a different position was never enshrined in its previously adopted decisions. "Thus, the basic principles of Armenian statehood and the national goals mentioned in the preamble of the RA Constitution are those that are expressed in the subsequent text of the RA Constitution, and there is nothing there that could be interpreted as a territorial claim against any country," Badalyan assured.
Touching upon Baku's statements that other legal acts of the Republic of Armenia also contain territorial claims against Azerbaijan, the representative of the Armenian Foreign Ministry recalled that official Yerevan has repeatedly addressed this issue at the highest and highest levels. "Part 3 of Article 5 of the Constitution of the Republic of Armenia stipulates that ratified international treaties have a higher legal force than the domestic legislation of the Republic. The wording of this article is more specifically as follows: "In case of contradiction between international treaties ratified by the Republic of Armenia and the norms of laws, the norms of international treaties shall apply." In the agreed part of the draft treaty "On the establishment of peace and interstate relations between Armenia and Azerbaijan" there is an article which states that the parties do not have territorial claims against each other and undertake not to make such claims in the future. There is also an article stating that neither party can refer to its domestic legislation to impede the implementation of the Peace Treaty. That is, when the peace treaty is signed by Armenia and Azerbaijan, receives a conclusion from the Constitutional Court on its compliance with the Constitution and is ratified in the National Assembly of the Republic of Armenia, it will acquire a higher legal force than any domestic law. Therefore, the signing of a peace treaty will dispel all concerns of both Armenia and Azerbaijan regarding the various legislative acts of the two countries, if any," she said.
At the same time, Badalyan called Baku's assertion that Armenia's commitment to the Alma-Ata Declaration does not mean that it has no territorial claims against Azerbaijan absolutely inappropriate, since the Alma-Ata Declaration has nothing to do with the issue of where the borders of the CIS member countries are and what territories belong to these countries. "This comment is absolutely inappropriate, since the Alma-Ata Declaration of December 21, 1991 clearly states that the parties recognize each other's territorial integrity and the inviolability of existing borders. Consequently, the countries that signed the Alma-Ata Declaration recognized the de jure integrity of the territories of the Soviet republics at the time of the collapse of the USSR and the de jure inter-republican administrative borders that existed at that time as state borders. And these borders are known, and maps showing these borders are available in both Armenia and Azerbaijan. By the way, the wording of the Peace Treaty, which states that the parties undertake not to make territorial claims against each other in the future, seems to negate Azerbaijan's claims that Armenia has a "backup option" for making territorial claims against Azerbaijan. And the interpretation of the Alma- Ata Declaration, which is contained in the wording of the press secretary of the Ministry of Foreign Affairs of Azerbaijan, may in fact mean that Azerbaijan itself is making territorial claims against Armenia, and simply wants to create a smokescreen to hide this with accusations against Armenia," the press secretary of the Armenian Foreign Ministry added in a conversation with Armenpress.