Ege Hirv on the border agreement: the country's legal continuity is being destroyed with a single sheet of paper
Ege Hirv: Ratifying the border agreement without the Tartu Peace Treaty will lose the legal continuity of the entire Estonian state, not just 5.2% of its territory.
In 2005, Chancellor of Justice Allar Jõks gave a clear legal assessment regarding the border agreement and stated the following to the Riigikogu's Foreign Affairs Committee in his positions, which were also reported in the media : "The continued international legal validity of the Tartu Peace Treaty cannot be taken for granted. Since the border agreements subject to ratification do not mention the Tartu Peace Treaty, Article 30 of the Vienna Convention on the Law of Treaties ("Application of successive treaties on the same matter") does not automatically apply to them either. Without an explanation from the Riigikogu, the international impression may arise that the Republic of Estonia has tacitly agreed with the Russian Federation's position that the Tartu Peace Treaty has already lost its validity (in 1940) — or that the 2005 Border Agreement, upon ratification, will replace the Tartu Peace Treaty in its entirety, essentially rendering the latter invalid or forgotten."
Anyone interested can look up these positions in the media and the archives of the Riigikogu. So what has changed in the country since 2005 that the media avoids the topic and does not even discuss the legal destruction of the country with a single sheet of paper ? The country is morally and legally so ruined that no one is even in a hurry to stop the destruction. The demarcated control line has held for 20 years and will hold for another 20 years, without having to create legal chaos in the country with a single criminal agreement and abandon the protection of international conventions.
There is talk of the cession of 5.2% of the country's territory, this land is valued at 50 billion euros, there is talk of the dilapidated infrastructure behind the control line and that we do not want these residents as part of our country — that for 100 million euros, citizens whose unreturned lands remain behind the control line will have claims against the state, etc.
But the main problem lies elsewhere — the main problem was already formulated by Allar Jõks in 2005: without mentioning the Tartu Peace Treaty in border agreements, the legal continuity of the state on this side of the Line of Control will also be lost. By ratifying the treaty in the second reading in the Riigikogu on May 2, we will not lose 5.2% of the country's territory — we will lose the entire country. I repeat — WE WILL LOSE THE ENTIRE COUNTRY.
The Paet-Lavrov Pact, as this legally inadequate, misleading text signed on February 18, 2014, and violating dozens of valid laws of the Republic of Estonia, is called, is the death certificate of the Republic of Estonia.
Is this what you want — citizens who are members of the Riigikogu, citizens who are members of the Kapolei, citizens who are members of the Defence Forces, citizens with higher legal education, citizens who are diplomats, citizens who are members of political parties, citizens who are media figures — to bury your country on May 2nd and silently sell yourselves into slavery again? For a few cents.
