Tirana Times editorial
TIRANA, Aug 2 – The need to set a clear demarcation of the maritime border between Albania and Greece did not go away when the controversial 2009 agreement was declared unconstitutional by Albania’s highest court.
The Ionian maritime border needs to be addressed so the relationship between Albania and Greece and economic interests in both countries are not held hostage to this unresolved issue.
However, this needs to be done in a transparent public process – not behind closed doors and then presented as a done deal to the Albanian public, quickly rushed through parliament for ratification before the next general elections.
It is clear that reintroducing the 2009 agreement with minor changes won’t do. The Albanian public opinion is set against it and opposition is and should be stiff. Albania needs to protect its long-term national interests no matter the short-term economic and political costs – and there is no stronger long-term interest than holding on to territorial waters with proven natural resources, which based on interpretation of international law belong the Albania.
Greece is obviously a tough negotiator. It showed in 2009 it can push Albania’s top government experts into signing an agreement that at the end of the day was clearly more favorable to Greece than Albania.
If even Albania’s best negotiators on government payroll lack the ability to hammer out a fair agreement with Greece based on international law, then it might be a good time for Albania to consider other options – hiring outside consultants and/or taking the case to an international arbitration process at the International Court.
It is an option first proposed by Sokol Sadushi, who was a Constitutional Court judge at the time of the 2010 decision. Sadushi said national interest and fairness intersected in voiding the 2009 agreement.
“If the two sides are unable to reach an understanding through joint negotiations, the only remaining solution is to go to the International Court,” he says, adding that with an agreement like that of 2009 “if the case would go to the International Court, I’m certain Albania would get a better deal.”
Negotiations might also turn to be easier for Albania this time around, but this remains to be seen. In the depths of it crisis, Greece needs to solve border demarcation as soon as possible so gas and oil exploration can go on, according to analysts.
Greece continues to hold strong cards against Albania when it comes to EU integration (marine border demarcation issues between Slovenia and Croatia held up Zagreb’s EU bid for a while, for example.) But it is doubtful Albania is far along in the process for this to a problem at this time.
The position of Greece in economic collapse and the the reality of Albanian immigrants leaving Greece in droves has left Albania less vulnerable to both Athens’ sticks and carrots – which is why a pipeline project is being threatened right now should Albania not cooperate, not mass deportation of Albanian immigrants, as was the case in 1990s.
Greece has changed. Albania has changed.
It’s time transparent negotiations in which Albania and Greece act as equal partners. If that can’t be accomplished – international arbitration might be the next, best logical choice.
