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AMERICAN JOURNAL
OFINTERNATIONAL LAW
VOL.111 February 2016CONTENTS
Editorial JOSE´ ENRIQUE ALV AREZ
NO.2PAGE
9
Unification of the Application of International Law in the MunicipalRealm: A Challenge for Contemporary International Law
A.O. Enabulele and C.O. Imoedemhe12
The Uses of Analogia Iuris in the Louisiana Code of Practice (1825)*Shael Herman
24
Un couple surprenant: prescription extinctive et liberté contractuelle
Sylvette Guillemar 52
Judicial Review under the Irish Constitution: More American thanCommonwealth
Seamus O’Tuama
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Legal Language and the Process of Drafting the Principles on a Eu-ropean Law of Sales
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The Legal Aspect of Ensuring the Freedom in Modern SocietyGarib Allahverdiyev
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International Law in Domestic SystemsE.A. Alkema
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Cross-border Successions. The New Commission Proposal: Contentsand Way Forward. A Report on the Academy of European Law Con-ference of 18 and 19 February 2010, Trier
Eveline Ramaekers
152
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Necessity To Engage With The Elements Of Judicial SystemAnd Its Impact On The Provision And Development Of Justice
And SecurityVali ShirPour
159
Judicial Loyalty Through Dissent or Why The Timing is Perfectfor Belgium to Embrace Separate Opinions
Bart Nelissen
175
The Influence of the Post-war European Constitutions on theConstitution of the Irish Free State
Laura Cahillane
190
Constitutional Fidelity throughout Time. A Comparative Survey
Anna Silvia Bruno
202
"Agile Alliances" line in Azerbaijan-USA relationsRamazan Uslu
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Homosexuality and Child Custody through the Lenses of Law:Between Tradition and Fundamental Rights
Denise Amram
238
Ajil Submissions 258
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American Journal of International Law : 2016.
Impact Factor: 1.056, Vol.111, No.1 (January-February):,
DOI: 10.989765/2016.15.8.45
"Agile Alliances" line in Azerbaijan-USA relations
Ramazan Uslu
Relations with the U.S. and Europe are a priority in the foreign policy of Azerbaijan. Be-
ginning the early 90s of the last century, the influence of America and Europe, on the
post-Soviet space, as well as the South Caucasus became stronger. In particular, the
United States pursues a more active and influential politics. Western countries have
played a key role in destroying Warsaw Bloc and the Socialist camp to turn our newly
independent countries towards Europe and the U.S. Other factors were freedom, democ-
racy, respect for human rights of the western states, as well as their economic and mili-
tary power, had to act as a promoter. No issue was resolved without the involvement of
the Western countries in world politics. Therefore, the post-Soviet countries, as well as
Azerbaijan, must to a large extent take the Western factor of foreign policy into account
and have done it.
I. Introduction
In 1992, U.S. Secretary of State James Baker visited Baku in order to establish official rela-
tions between the two countries. The U.S. Embassy was opened in Baku in March of the
same year. After that a continuous relationship was established. However, due to the in-
ability of Azerbaijan government to raise the level of cooperation, the U.S. Congress in Oc-
tober 1992 adopted a document: so-called "907 amendment" to the "Freedom Support
Act". Thus, Azerbaijan has got a serious blow from the U.S. policy. It was clearly under-stood that Azerbaijan had to make a lot of the amendments to comply with foreign policy
of the West. Starting the second half of 1993, the country began to take pragmatic policy
towards the U.S. The first visit of the President of Azerbaijan to the United States was the
Assist. Prof. Dr. Ramazan USLU Agri Ibrahim Cecen University, Art and Sciences Faculty, History Department, Chair,
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beginning of the process. That visit took place in September 1994. On that date the 49th
session of the UN General Assembly was held. In the speech at the session the President of
Azerbaijan stressed that "the leading role in shaping a new world order belongs to the
United Nations... "1.
It is another part of his speech he emphasized that the U.S., Europe and Russia played a
major role in world politics, and although there were differences between the West and
Russia in their views on the resolution of the Nagorno-Karabakh conflict, he said that op-
portunities to reach a common position didn’t exhaust. His emphasis on the UN leadingrole in shaping a new geopolitical landscape was a sign of strong side of Azerbaijan foreign
policy. So, Azerbaijan was interested in developing relations with any major geopolitical
power , but the regulation of international relations couldn’t be done by different states,must be available to the UN only. At the same time, if Azerbaijan accepts direction towards
the West in the foreign policy as a priority, it does not mean that it intends to entrust to-
tally its fate to United States and Europe. So, Azerbaijan is interested in the close co-operation with Russia, however it does not want to become dependent on2.
Two factors are standing behind this kind of chosen course. First of all Azerbaijan
shouldn’t turn into the arena of the world's great powers’ clash, on the contrary, the power-ful countries of the world have to gain a chance to cooperate with Azerbaijan. Secondly,
Azerbaijan should select the line of "agile alliance" not to get under the influence of any
geopolitical power. "Agile alliance" enables the country to come out of the grip of global
power poles, as well as lets you choose the position in the interests of the state in rapidly
changing situations. This course does not make Azerbaijan take responsibility in front of
any geopolitical power.
1. In this context, the Director of the Research Center of the Russian Postindustrial So-
ciety Vladislav Inozemtsev’s evaluation seems to be very interesting. Russian profes-sor writes:”Azerbaijan itself is the only small country which is in the “right place atthe right time”. Its current and future leaders are turning to be great reformers. Ithas e all chances to become the eq Гейдар Алиев открывает миру Азербайджан /Состовители: Ибрагимов Н., Шукуров И. Баку, Издательство “Азербайджан”, 1994, 174
с.
uivalent of Singapore and Taiwan of the Caucasus" 3.
A well-known politician and statesman Zbigniew Brzezinski valued Azer-
baijan as one of the most import ant "geopolitical support points” of Eurasia. In Z.
Brzezinski's geopolitical concept those "geopolitical support points" should fulfill
their function as "points" of influence on major geopolitical competitors of the U.S.
1 Гейдар Алиев открывает миру Азербайджан / Состовители: Ибрагимов Н., Шукуров И. Баку, Издательство “Азербай-джан”, 1994, 174 p.2 Mammedov N. Foreign policy: Realities and the prognosis. Baku, 2013, p. 1343 Inozemtsev V.L. The great politics in little places: Azerbaycanın geosiyasi arenada gelecek planları nedir? // Azerbaijan Focus,2009, №1(1), p. 70
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For example, Turkey or Azerbaijan could serve as “a support point” on the Cauca-
sus to perform the U.S. policy in Russia. Here's a kind of a goal to influence of a
certain country upon another one4.
Azerbaijan is of those independent countries who don’t accept namely this function. His"agile alliance" formation attempts in foreign policy and its reference not to great states
but to international organisations (mainly UN) refers to the realization of the purpose
served. This policy turned Azerbaijan, not becoming an instrument of any great state, to be
a leader of the South Caucasus and a global level geopolitical player. The following thought
of the President Ilham Aliyev expressed the very position of our country: "Azerbaijan has
never been and never will be a changing geopolitical card as some of its neighbors»5.
Figuratively speaking, Azerbaijan has been able to transform its status of Euroasian “geo-political support point” country to the geopolitical player. This should be considered as the
greatest success achieved during the 23 years of independence. Contents of policy of ourcountry in the direction towards the U.S. and Europe we consider more constuctive and
should rather be looked at in the light of this success.
First official visit of Heydar Aliyev to the U.S. in the summer of 1997 was of great role to
develop relations between Azerbaijan and the U.S. Yet in 1994, he being in New York at the
49th session of the UN General Assembly in New York met with the U.S. President Bill Clin-
ton. At that meeting Heydar Aliyev gave broad information on Azerbaijan, and Azerbaijan
leadership position on restoration of peace in the region, and provision of safety. Then U.S.
President valued highly his Azerbaijani counterpart arguments, and expressed his beliefs
on prospects of cooperation between the two countries. He stressed that the "Contract of
the Century" was the great historical event6.
And in 1997, the two countries already started to develop concret content relations.
B.Clinton announced three aspects in relations with Azerbaijan. Those are peace and secu-
rity restoration, Azerbaijan sovereignty security and terretorial integrity restoration and
issues on democracy development. He explained his attention to those problems because
of strategic position of Azerbaijan in the region, to gain successful development and sus-
tainable stability the Nagorno-Karabakh conflict should be solved through serious steps7.
After Presidents expanded talks, the Joint Statement on the U.S.-Azerbaijan relations, and
mutual investment protection and promotion agreement were signed between the govern-
ments of the Republic of Azerbaijan and the United States. Heydar Aliyev made the com-
4 Brzezinski Z. The Grand Chessboard. American Primacy and Its Geostrategic Imperatives, Basic Books, NY, 19975 Mammedov N. About the main directions of Azerbaijan foreign policy // Azerbaijan Focus, 2010, №2 (2), p.20 6 Inozemtsev V.L. The great politics in little places: Azerbaycanın geosiyasi arenada gelecek planları nedir? // Azerbaijan Focus,2009, №1(1), p.69 7 The President of Azerbaijan Republic Heydar Aliyev’s statement about the mutual protection and encouragement of capitalinvests and the joint statement about America-Azerbaijan relatons in the ceremony of signing the contract between the
governments of Azerbaijan Republic and USA/ “Azerbaijan” newspaper, August 3, 1997.
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pact statement at the signing ceremony on ways of cooperation between the two countries.
The statement said: "Azerbaijan appreciates its independence as a great historical
achievement and the preservation of our independence an issue of honored responsibility.
Our nation is committed to freedom and national independence, and will do so in the fu-ture. It is very important and significant for us to do this in cooperation with the United
States to build partnerships and expand relations, development."8
There was a greater meaning behind every word of the President of Azerbaijan. With that
the U.S.were informed that Azerbaijan keeps ita independence and sovereignty were be-
yond everythng. It was noted that, everyone who wanted to harm it, including the United
States, Azerbaijan would resist as a state. The fate of Azerbaijan's economic and energy
cooperation with the U.S. will depend on of those principles implementation. Alonside
with those aspects pointed out by Heydar Aliyev, he stresses that cooperation development
and its expansion with the United States was very important.
The situation was clear to both sides. Azerbaijan would not accept any harmful to sover-
eignty condition. It would never accept occupation of territories. So he was decided to cre-
ate ademocratic state. He was determined to develop relations with the West on parity
counterpart conditions. Finally, he would do his best to provide security and establish
peace in the region. The official Washington naturally recognised and signed the above-
mentioned document9
One very significant feature of the said document should be stressed. Azerbaijani President
wisely presented econimic-energy cooperation in relations with geopolitical factors. To get
provision for counterpart investment means to provide totally sovereignty and independ-
ence to Azerbaijan. Once large investment is done into Western-South Caucasus, the spe-cial attention should be paid to its security provision. The investments security directly was
dependent on Azerbaijan stability. Thus, the West is interested in allprocesses related with
the internal stability in Azerbaijan. From this point of view, the problem of Nagorno-
Karabakh, Azerbaijan’s gradually democratisation, security of investments are still stayingin the interest range of Washington10.
Heydar Aliyev obtained strategic results with his first visit to Washington. The following
processes fully confirmed foresight of Azerbaijan leader. The first, the security problems of
the international energy projects hesitated Armenia and its supporters from wide sabotage
plans. The second, the known events between Russia and Georgia on August 8, 2008
8 The President of Azerbaijan Republic Heydar Aliyev’s statement about the mutual protection and encouragement of capitalinvests and the joint statement about America-Azerbaijan relatons in the ceremony of signing the contract between the
governments of Azerbaijan Republic and USA/ “Azerbaijan” newspaper, August 3, 1997.9 Mammedov N. About the main directions of Azerbaijan foreign policy // Azerbaijan Focus, 2010, №2 (2), p. 17 -50.10 Mammedov N. Foreign policy: Realities and the prognosis. Baku, 2013, p.136
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showd, that security of energy progects was secured by global geopolitical powers. It is zero
danger to those projects. Up to now it is the same in every case11
It is seen in the above presented thought of B. Clinton that important factors which give aspecial content to Azerbaijan- U.S. relationship and they consist of gaining internal stabil-
ity and successful development. So, Azerbaijan authorities first of all gained internal stabil-
ity, as well as parallel to that it gave a stimule to social-economic development. The inter-
nal stability was gained and became able due to elimination of attempts of one-by-one
coup-de-tants. The leading factor of social-economic development was sign of “the Con-tract of the Century”12
Having obtained these two successes the President of Azerbaijan did his first official visit to
Washington. That was well-calculated step towards the future. For the comparison, some
heads of post-Soviet countries were going to Washington with requests, to ask help, to
make a political marketing to stay at the power. But nevertheless of hard aggression thePresident of Azerbaijan obtained internal stability, signed strategic economic contract
(“The Contract of the Century”) and went toWashington as a leader of the independentstate13
Thus, the first official visit of the President of Azerbaijan to the U.S. defined directions of
relationship strategy and concret development between the two countries. The U.S. party
showed that being in the relationships with Azerbaijan it recognised that the Southern
Caucasus as strategic region. And then they paid strict attention to provide peace and se-
curity here. And finally, in this context protection of state sovereignty and restoration of
integrity of Azerbaijan became important for the U.S.
These three aspects could be consolidated round two ideas. The first, the U.S. gives great
priority to security of the Southern Caucasus. The second, principal importance for them is
sovereignty of Southern Caucasus countries. And it was not difficult to feel what stood be-
hind these thoughts: not to get under the influence of other than the U.S. mighty geopoliti-
cal powers. The U.S. being global power were thinking of establishing hegemony in the re-
gion14
The U.S.-Azerbaijan relationship destinated cooperation between two countriesbased on
those principles for further years. Up to now the same principles are modifying the range
and the content of their cooperation. The most essential is that Azerbaijan is faithful to
promises done.
11 Mammedov N. Foreign policy: Realities and the prognosis. Baku, 2013, p.13712 Белл Д., Иноземцев В. Л. Эпоха разобщенности: размышления о мире XXI века / Даниел Белл, Владислав Иноземцев.Москва: Свободная мысль: Центр исслед. постиндустриального о-ва, 2007, p.14513 Sevdimov T. The resons of crisis between Russia and Georgia. Bakı, 2013. 506 s.
14 Mammedov N. Foreign policy: Realities and the prognosis. Baku, 2013, p.138
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On September, 8-9, 1998 the international conference on restoration of Historical Silk Way
was held in Baku. On April,17, 1999 there was Baku-Supsa oil pipeline opening ceremony
with participation of the Heads of Azerbaijan, Ukraine and Georgia. On November, 18,
1999 in Istanbul in the frame of OSCE Summit the agreement “On the transportation ofcrude oil by the main Baku-Tbilisi-Ceyhan export pipeline through areas of Azerbaijan Re-
public, Georgia and Turkey Republic” was signed. That was serious step towards strategiccooperation of region states and their integration into Europe. On May, 24-25, 2005 Baku-
Tbilisi-Ceyhan main oil export pipeline was given to exploitation. The same year on Octo-
ber, 12 the Ceremony of Geogian part of oil pipeline exploitation start was held.
Alongside with energy area, Azerbaijan participates in the U.S. counter-terror and peace-
keeping program. Azerbaijan operators carry their functions as part of International Secu-
rity Forces in different areas of the world. Our country does its best in sharing responsibili-
ties in security, weapon control, defense and other areas of Azerbaijan and the U.S. relation
development. The process of cooperation broadening is being continued in the frame ofthe Euro- Atlantic Partnership Council and NATO “Partnership for Peace” program. Thelatter issue is shown as a separate item in the Order of President Heydar Aliyev released on
Septembeer, 2, 199715. As a whole, Azerbaijan was always in close cooperation with the U.S.
in security issues.
Our country being involved in different programs was always implementing all tasks and is
continuing to do so. For the past period Azerbaijan was an active participant in interna-
tional projects carried out in the Southern Caucasus by the West. And all projects of global
importance which could influence western energy security were supported. “Nabucco”,“Southen Corridor”, “TransCaspian”... The U.S. doesn’t imagine those energy projects
without Azerbaijan.
It is worth mentioning some thoughts addressed during the meeting of Heydar Aliyev and
Richard Morningstar on December, 16, 1998. During the said meeting in the President Pal-
ace R. Morningstar keeping in mind cooperation in the energy area told Heydar Aliyev:
“You played a special, exclusive role in creating a turning point in this area”16
At the same meeting the President of Azerbaijan, speaking about further energy provi-
sion to the West from the Caspian Sea and its special importance, presented to attention of
the guest in very interesting manner saying: “You know, that nobody can tell you the age ofthe Caspian Sea. It has the same age as the Earth has. But in XX and XXI centuries a great
revolution has taken place in mineral resources of the sea. We are the participants of this
15 About the measures of expansion of partnered relations between the Republic of Azerbaijan and USA. The order of the President
of Azerbaijan Republic. Baku city, September 2, 1997,№ 657. URL: http://e-qanun.az/files/framework/data/4/f_4250.htm
16 From the conversation at the meeting with the President of the Republic of Azerbaijan Heydar Aliyev and the representative
delegation with the privite councillor of the President of the United States and the Secretary of State, the ambassador Richard
Morningstar - Baku, December 16, 1998, "Heydar Aliyev’s heritage" International Electronic Library, URL: Http: //library.aliyev-heritage.org/ az/86084273.html
http://e-qanun.az/files/framework/data/4/f_4250.htmhttp://e-qanun.az/files/framework/data/4/f_4250.htmhttp://e-qanun.az/files/framework/data/4/f_4250.htmhttp://e-qanun.az/files/framework/data/4/f_4250.htm
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revolution. I consider that this revoution will be useful for all nations, including Azerbaijan
nation. And for that we have to work hard”17
In his speech at Georgetown University (Washington, September 18, 2009) William C.Burns declared touching upon the problem of energy projects realizing among Azerbaijan
and USA:
“The conversation about the development of the trade brings me to the energy problem which is the next area of our bilateral co-operation. The USA and Azerbaijan have a lasting
intercession in the important strategically energy projects creating the relations between
West and East.
This week Azerbaijan is getting ready to celebrate the fifteenth anniversary of the “Contractof the Century” which caused the building of Baku-Tbilisi-Ceyhan pipeline. Today with the
help of this pipeline about one million barrel oil is exported a day. Azerbaijan finishing the building of the Southern Caucasian Gas Pipe is on the threshold of the new and more per-
spective level of the development of the energy section. Signing Nabucco Contract among
governments was an important event in the opening of natural gas corridor to Europe. De-
veloping this opportunity by Turkey and Azerbaijan and coming to an agreement on the
required price, transit and other problems for the reality of Southern Corridor is very im-
portant. Such projects are not only satisfied with the opening of Caspian energy resources
to the world, but at the same time it also speeded Azerbaijan economy growth up and se-
cured the more independent economical future of Azerbaijan nation.
I see that some people consider the energy policy of USA and Russia as a next Great Play in
Middle Asia. Such kind of thinking is wrong. In energy problems as in all other trade branches though always some competition elements exist the USA doesn’t believe the un-successful play of energy safety. Trying together we can have more benefit than to be
against to each other. We decisively believe that having more pipe-lines among countries
increases the number of different sources and routes, secures better marketing prices and
defends from the obstacles in the supply of favor of all countries. That is why we hope that
Azerbaijan and its neighbors will continue the oil production. In order to help to show the
production in Europe and in different markets with the aim of finding the reliable and
transparent ways we agitate the negotiations now going on among Azerbaijan, Turkmeni-
stan, Kazakhstan, Turkey and other supporters. And I want to assure you that the USA is
ready to work with Azerbaijan, different friends of ours in the region and the private sec-
tions in order to strengthen and broaden the global energy supply”18
Some U.S. activities which create questions are observed currently on the background of all
that. The official Washington doesn’t want to link normalization of Turkey – Armenia rela-
17 Ibid 18 William C. Burns. Azerbaijan – US relations. Goergtown University, Washington city, 18 September, 2009.
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tionship with Nagorno-Karabakh problem solvation. Former U.S. State Secretary Hilary
Clinton being on trip in June, 2012 in Southern Caucasus stated in Yerevan, that the offi-
cial Washington doesn’t see any relation between Turkey -Armenia issue and Nagorno-
Karabakh conflict solvation19 . As to us, that was an attempt to turn us from totally inde-pendent policy course away, but that attempt was a fiasco. Though the USA has also own
arguments. W. Burns said them so:
“… But how does the Azerbaijan government struggle with the corruption as it promised inits National Strategy in the condition of not having the independent press which shed the
problems? The free press and the strong civil society are the efficient means of saving our
citizens and struggling against the corruption. Arresting of opposition journalists periodi-
cally, preventing the broadcasting of Free Europe Radio/ Freedom Radio, The Voice of
America and BBC in Azerbaijan had created the serious troubles in this sphere. We have
invited Azerbaijan government to pay attention the results of such activity influence in
comparison with democratic aims and the more extensive development. Increasing oftransparence in management will help Azerbaijan to realize the democratic principles af-
firming itself and the economical development which it wants to achieve. The US renders
assistance and gives trainings in order to improve the state expenses of planning, broaden-
ing the opportunities of trade finance system and strengthening of competition abilities of
private section. Our assistance activity supports the election reforms and finances the edu-
cation of journalists. They also defend the Non-Governmental Organizations which help
the youth groups struggling against the corruption and creating new spaces in internet
networks for democratic discussions. We hope that the active civil society completes the
role of the government and creates the dynamic state”20
Of course, the U.S. understands that Azerbaijan pursues totally independent foreign policy.
Azerbaijan exports oil and gas over 7 routes. Internal stability is at the high level. Economy
of the country is increasing. Azerbaijan is a member of the international counter-terror
coalition. It is one of main participants of interantioanl energy projects. Analysts empha-
sise that Azerbaijan has got a serious place in energy provision to the West. Simultane-
ously, Azerbaijan plays an important role in provision the post-Soviet countries with en-
ergy. At this background formation of the democratic society successfully continues. In
this case Azerbaijan should be considered, because Azerbaijan is very important partner of
the West. However, the manifested relations of the U.S. and Europe in respect of Nagorno-
Karabakh conflict is contravertial to partnership.
The importance of Azerbaijan issue for the West was explained by analyst Ariel Cohen in
an article in “The National Interest” magazine, specially noted: “The occupation of Kara- bakh is a powder barrel which can explode the Southern Caucasus... If it happens...Then
19 Визит Клинтон предопределит дальнейшую судьбу Закавказья / Информационное агентство “Regnum”, 2 июня 2012.URL: http://www.regnum.su/news/1537836.html. 20 William C. Burns. Azerbaijan – US relations. Goergtown University, Washington city, 18 September, 2009.
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the chance of attraction to regional issues increases for Iran, another partner of Armenia.
All that does not meet the U.S. national interests”21
In his speech at Georgetown University (Washington, September 18, 2009) William C.Burns declared:
“From the security view point one of our most superior priorities is struggle against theforcible extremism. Azerbaijan being moderate, wordly and forming the main part of the
population from Mouslems was one of the main ally in this campaign. It shared the infor-
mations, intensified the efforts of fighting against financing of terrorism and arrested the
suspicious terrorists. Azerbaijan being the active participant of the Intercession Program
For Peace of NATO develops the many-branched secirity relations with own neighbors in
the region. It periodically helped to NATO and allied operations in Irag, Afganistan and
Kosovo, dear Ambassador, we appericate them very well. In 2008 Azerbaijan armed forces
finished five years’ military service in Irag, for many times with USA Marine Force s. This year the number of Azerbaijanian goodwillers in Afganistan has been increased from forty
five to ninety. Azerbaijan also gives the valuable rights such as to fly from its air space, to
fill fuel and to land to USA and union air forces planes which are sent to Irag and Afgani-
stan. As Azerbaijan gives the important gifts to the international security efforts we under-
stand that the country also has problems about security. The main way of achieving the
lasting peace in the region is to achieve the sollution of Mountainous Garabag problem
with peace. Let me assure you that Prezident Obama and Secretary of State Clinton are
ready to do everything to support this purpose. We want to see the adjoining living of
Azerbaijan and Armenia in peaceful situation which makes the way to the mutual devel-
opment”22
The former Minister for Foreign Affairs of Russia Igor Ivanov who was the secretary of Se-
curity Council during 2004-2007 years writes that “Establishing of the process recon-structing of the world system which began from 80s years of the last century hasn’t fin-ished yet. We shall feel the influence of the changes after 10s years. But this transition is
still being accompanied by the painful processes”23
The creation of critical situations in the ranks of painful processes noted by I.Ivanov has a
special place. Canadian professor of international attitudes Ramesh Takur who was the
assistant of General Secretary in UN Organization considers that UN Organization “willnot be the centre of co-ordinating the national interests and their compromiser negotiator
among states which have the deep difference opinion among them”24 . The famous special-ists in political-study Z. Bjezinski, H.Kissinger, F. Zakariyya and others note that the solu- 21 Cohen A. The Secretary’s Daunting Agenda // “The National Interest”. June 4, 2012http://nationalinterest.org/commentary/the-secretarysdaunting-agenda-7001.22 William C. Burns. Azerbaijan – US relations. Goergtown University, Washington city, 18 September, 2009.23 Иванов И.С. Какая дипломатия нужна России в XXI веке? // Россия в глобальной политике, 2011, № 6, c. 17-27.24 Такур Р. Объединенные нации и Соединенные Штаты: изменение баланса сил и полномочий во имя международной безопасности // Россия в глобальной политике, 2011, № 6, c. 157-167.
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tion of critical situations is a difficult process. In 2012 Russia included “the regulation ofcritical situations” as a separate paraghraph to the document of “About the legislative en-actment of realizing of foreign policy course of Russia Federation”25. As it is seen from the
beginning of the second half of the 20th century creation of critical situations, differentcharacteric conflicts is the main problem worrying the world community. From 1988 Azer-
baijan was also drawn into the conflict in its objectionable cases. A group of Armenian
chauvinists living in Mountainous Garabag area supported by Armenia began separatist
activity. Disintegration of the USSR this conflict overturned the war between Armenia and
Azerbaijan. Armenian armed forces getting strong support from abroad occupied 20 per-
cents of Azerbaijanian area. So Armenian-Azerbaijan, Mountainous Garabag conflict be-
gan. The following processes showed that outside forces have a strict influence to this con-
flict and giving the extensive support to the aggressor they create obstacles to restore of
Azerbaijan territorial integrity (1, 188-189). And this fact was a cause for associating with
Euro-Atlantic area.
One of the directions of USA-Azerbaijan relations is co-operation in NATO.As it is known,
Azerbaijan-NATO relations started their formation in March 1992 with the admission of
Azerbaijan to its body, the North Atlantic Cooperation Council. The Azerbaijani delagation
first participated in the seminar of the NATO countries held in Turkey in October 1992 and
met its Secretary-General Manfred Werner. A high-level cooperation between the North
Atlantic Alliance and Azerbaijan was founded in 1994. During his visit to Brussels on May
4, 1994, the President of the Republic of Azerbaijan Heydar Aliyev signed the "Partnership
for Peace Program" (PFP), which provided the cooperation of NATO cooperation with for-
mer Soviet republics (14, 54-55). Till 1994 Azerbaijan-NATO relations almost had a epi-
sodical and superficial character. But later Azerbaijan which had the military operations of
separatist powers in its area, having occupied 20 percents of the territory by the Armenian
military joinings needed to collaborate with powerful international organizations, espe-
cially with NATO.
First of all it is an undeniable fact that NATO can play a great role in the peaceful solution
of Garabag problem, free the occupied territories of our republic, return about more than
one million refugees and displaced persons to their own native lands. On the other side
having the co-operation with NATO our republic gets the opportunity of creating the
strategical balance and security system, to solve the disputed matters due to the interna-
tional law standars, to use the great authority of NATO in the solution of independence and
security problems of Azerbaijan26
.
The Azerbaijani-NATO military cooperation strengthened more in 1997. In same year,
Azerbaijan joined the Planning and Review Process (PARP) of the organization. This pro-
25 Указ “О мерах по реализации внешнепо литического курса Российской Федерации”. Официальный сайт ПрезидентаРоссии, 7 мая 2012. URL: http://kremlin.ru/acts/15256.26 Caferli V. Azerbaycanın Qerb Tehlüksizlik sistemine inteqrasiyası: Azerbaycan-Nato elaqeleri. Baku, 2011.p.31
http://kremlin.ru/acts/15256http://kremlin.ru/acts/15256http://kremlin.ru/acts/15256http://kremlin.ru/acts/15256
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ject provides reforms in defense sphere in Azerbaijan. Azerbaijan Republic also joined the
Euro-Atlantic Partnership Council of NATO formed in May, 1997.
The realization of PFP program began in 1996. In June 1995 C. Mackenzie, Deputy Com-mander-in-Chief of NATO forces in Europe visited Azerbaijan. In his meeting with the
Prezident of Azerbaijan Republic Haydar Aliyev he told that NATO could play an impor-
tant role in the improvement of the Armed Forces of Azerbaijan. In this meeting the repre-
sentative of NATO for the first time stressed the importance of liberation of the Azerbaijani
territories from occupation and establishment of peace in the region27 . The visit of General
Secretary of NATO to Baku especially stimulated NATO-Azerbaijan relations and NATO
proved its strict intentions. On the eve of the visit H.Solana declared to the journalists that
during the meeting with the President of Azerbaijan the investigation of solution ways of
the problem would be made efforts28 (21, 32). In November 1997, the President of the Re-
public of Azerbaijan issued a decree "On the measures for strengthening cooperation be-
tween the Republic of Azerbaijan and NATO". A commission of cooperation with NATOattached to the President of Azerbaijan was established in conformity with this decree. The
commission is charged to coordinate the activities of respective ministries to draft a pro-
gram in the framework of PFP. The Azerbaijani mission started its activity in NATO head-
quarters in Brussels. Azerbaijan got the observer status in the session of the Parliamentary
Assembly held in Poland in May 1999. In September of the same year, a platoon of the
Armed Forces of Azerbaijan started to take part in the peace-keeping activities in Kosovo
together with the NATO peacekeepers. But on November 19, 2001, the Republic of Azer-
baijan became an associate member of the Parliamentary Assembly . NATO, Europe Un-
ion, including Europe Council the integration to cooperation structures and security of
Europe and TransAtlantic take the important place in the foreign policy of Azerbaijan. But
thinking that the process is going smoothly is not a real approach to the matter. First of all
in the inside of the Euro-Atlantic Unity the difference of position is enough. But the indica-
tions giving evidence of the weaking of this process are not observed yet29. Henri Kissinger
puts in a claim that the thought difference which shows itself in Euro-Atlantic Council is
known from the sources of transformation of USA-Europe relations. H. Kissinger doesn’tconsider as a subjective factor the changing of geo-political interests of great countries of
Europe after the second World War30. According to his thought it is connected with the re-
action to four important changings: “Disintegrating of Soviet Union, combining of Ger-many, tendency of looking at the foreign policy as a means of internal policy and increasing
of Europe self-cognize”31. Adjoining other processes, causing such principal geo-political
changing of transformations which are going on in Europe-Atlantic space demands the res-
27 Madatova G. NATO partnership with Azerbaijan. Materials of the 9th Republic Students’ Scientific-Practical Conferencededicated to the 20th anniversary of restoration of independence of Azerbaijan Republic// (December 3, 2011). Baku, 201128 Caferli V. Azerbaycanın Qerb Tehlüksizlik sistemine inteqrasiyası: Azerbaycan-Nato elaqeleri. Baku, 2011. p.3229 Киссинджер Г. Нужна ли Америке внешняя политика? / Пер. с англ. под ред. В.Л. Иноземцева. М.: Ладо мир, 2002, p.22-6230 Ibid, p.21 31 Ibid , p. 25
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toration of structures of common security. H. Kissinger writes about it: “It is r iskful tospeak about the geo-political unity of Euro-Atlantic space in such situation. But in modern
historical situation the influence of countries situated in this space is very strong to the
world policy. That is why not only Azerbaijan but also in foreign policy of countries situ-ated in different regions of the world the special attention is paid to relations with Euro-
Atlantic structures of security and co-operation. Today the strong Azerbaijan-USA co-
operation is more important than it was usual. There are such great global problems that
not any country can manage it independently. Not depending on the branch of security,
energy or economical and democratic reforms the USA has historical opportunities to help
to achieve the transformation, geo-political and economical potential of our region. In or-
der to realize this unusual duty both of countries needs each other. One of the directions of
the USA-Azerbaijan relations is the cooperation of OSCE. N. Mammedov writes about it:
“In the direction of West adjoining USA the Europe countries also have great geopoliticalimportance for Azerbaijan. Azerbaijan establishes relations with Europe both Europe Un-
ion and with different states in the formation of two-sided coorparation. These relations
began from the beginning of the first years of the independence.
During 1991-1992 years some European countries recognized Azerbaijan. In January 1992
Azerbaijan was accepted as a member for OSCE, but in March the group of Minsk was es-
tablished. But then Azerbaijan had no official contracts about the cooperation with Europe
countries. The concrete directions of the cooperation were not definited. During 1991-1993
years due to the TACIS programme grants were distributed to Azerbaijan. In May 1993 the
project TRACECA which meant the assistance to the Commonwealth of Independent
States (CIS) was adopted. Two years later the programme INOGATE was accepted. This
programme intends the cooperation of EU, Turkey and CIS countries in the energy
sphere”32.
USA and Azerbaijan have lasting cooperation in the important strategical energy projects
creating relations between West and East. Today about one million barrels of oil a day is
exported by the Baku-Tbilisi-Ceyhan pipeline. Having finished the building of South Cau-
casus Gas Pipeline Azerbaijan has began the new and more perspective level of develop-
ment of energy section. Signing of Nabucco intergovernmental agreement was an impor-
tant event of the new natural gaz corridor to Europe. Developing this opportunity and
coming to the agreement very fast about the problems of price, transit and etc. in order to
realize the South Corridor by Azerbaijan and Turkey are very important. Such kind of pro-
jects not only introduced the energy sources of Caspian Sea but also at the same time itspeeded up the development of Azerbaijan economics and ensured more independent eco-
nomic future of Azerbaijan nation33
32 Mammedov N. Foreign policy: Realities and the prognosis. Baku, 2013, p.145-14633 William C. Burns. Azerbaijan – US relations. Goergtown University, Washington city, 18 September, 2009.
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No doubt, one of the most important directions is the cooperation of World Bank which is
the main donor of USA with our country. None of the regional projects realizing in Azer-
baijan pass without participation of this finance establishment. Now Azerbaijan is a mem-
ber of thirty two international and regional Organizations: UN (in March, 1992), the Coun-cil of Europe (in March, 2001), OSCE (in Yanuary, 1992), CIS (in September, 1993), Or-
ganization of Islamic Conference (in 1992), Europe Unity (Agreement of Partnership and
Cooperation, 1996), ECO (1992), Black Sea Economical Cooperation Organization (1992),
European Bank for Reconstruction and Development (1992), World Bank (1992),
UNESCO, UNICEF, World Health Organization, The International Federation of Red
Cross and Red Crescent Societies (IFRCRC), International Criminal Police Organi-
zation, International Olympic Committee and etc34
One of the most important organizations in Azerbaijan is World Bank. From 1992
being independent Azerbaijan pays a great attention to this cooperation. With the
help of World Bank during the first years of its sovereignty Azerbaijan getting
grants for some important problems and strategic branches began to revive its
economy. In different branches such as from the branch of education till the irriga-
tion system the young independent Republic supported by World Bank began to
see its favorable results. For different capacious and important projects from five
millions USA dollars till five hundred million USA dollars were asked to the Bank.
As it is known only the member countries use the credits of the World Bank. Cred-
its are lasting and they are being given to the country for the need of the economi-
cal development programs35 (15,141).
According to the reports of the Azerbaijan National Bank in Azerbaijan the peo-
ple who have less daily profit than 2, 5 dollars are called poor36. But due to the
opinion of World Bank in 1999 the poverty border is 2.15 dollars37. During the be-
ginning of the independence the half of the country populations’ living in povertymade arrangements of bank cooperation with Azerbaijan. Because the main part of
the activity of the World Bank is to struggle with poverty. As in many countries of
the world in Azerbaijan the attention to ecology is also being increased. One of the
first prepared projects in this branch is “Shahdag” National Park financed by the World Bank. The project is about to establish the national park consolidating the
reserves situated in Small Caucasus. To realize this project the World Bank spent
34 Memmedli İ. ABSH-ın Cenubi Azerbaycanla bağlı planı var. “Bizim yol” qezeti, 12.6.2014.35 Sulejmanov E. Azerbaijan-World Bank relations after independence.// Materials of the 9th Republic Students’ Scientific-PracticalConference dedicated to the 20th anniversary of restoration of independence of Azerbaijan Republic// (December 3, 2011). Baku,
2011. p.14136 Emiraslanov A. Azerbaycan Iqtisadiyyatı ve Bazar Münasibetleri, Baku, 1998.37 World Bank, World Development Indicators, 2001, Washington D.C.: World Bank.
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about ten-twelve million dollars. The World Bank took a tender in order to use the
water of Samur River providing the need of drinkable water of Baku and Sumgait
cities. The tender was won by the companies “Azersutikinti” and “Azerenerjitikin-
tigurashdirma”. In order to realize this project the World Bank gave two millionsdollar credit. Together with the World Bank, Islam Development Bank and Kuwait
Development Bank the Alat-Gazimammad road got renewed with the program of
“Reconstruction of Silk Way”. In 1997 the World Bank opened 14.7 millions of do l-lars credit to privatize the area and improve the village fields38. In order to give the
finance support of irrigation system development the World Bank decided to give
35 millions of dollar in credit to Azerbaijan. In the explanation of the bank for the
press it is informed that this project gave a chance to improve the irrigation system
of 56 thousand hectares in eleven regions of the Republic39.
At the same time in 2001 the World Bank gave 18 millions of dollars to the Projectof Education Reform of four years (18). With the help international and national
counselors during a year the Program of Education Reform and its component Pro-
ject of Education Reform of three years was realized with the grant amounting 295
thousand of the USA dollars. Till 2008 from 5 millions of USA dollars given by the
World Bank only 79, 04 % (percents) was spent on, but 500 thousand of the USA
dollars from the presence portion of Azerbaijan Government 79, 28% (percents)
was spent on. Getting the favorable results after this cooperation there were nego-
tiations to prepare the new reform project between Azerbaijan government and the
World Bank. As a result of the negotiations the ten years strategy of the education
reform has been compiled by the Ministry of Education, the priority directions have
been determined and the demanded finance has been prepared40. Azerbaijan has
already done the important activities in the branches of infrastructure and develop-
ing the regulation spheres of the country. These efforts made the country to win the
honors name “First Reformer” in 2009 in the Business Activity Report of the WorldBank. Azerbaijan also was the first country joining the Transparence Initiative in
Mineral Industry Branches determining the global standards in transparence
branch of oil, gas and mountain-mine industry. But one must do a lot to realize
these reform processes, to improve the business fields and to determine the de-
manded laws and institutions improving the life conditions of all citizens with oilprofits. The wish of joining World Trade Union pursued by Azerbaijan and sup-
ported by USA will be the fastest way to involve the international investors and use
38 Aliyeva M. "Heyat Seviyyesi ve Yoxsulluq Problemi", Azerbaycan İqtisadiyyatı, Baku, 2000. 39 Sulejmanov E. Azerbaijan-World Bank relations after independence.// Materials of the 9th Republic Students’ Scientific-PracticalConference dedicated to the 20th anniversary of restoration of independence of Azerbaijan Republic// (December 3, 2011). Baku,
2011.p.14540 Ibid , p.142
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the foreign market advantages. At the same time the laws of World Trade Union
demand the business standards in the world view, transparence and a business
sphere not having the advantage for large and small establishments. It means
eliminating of corruption problem with serious efforts. In 2008 InternationalTransparency Organization in its report called “Indicator of Corruption” notes thatcorruption is a serious problem in post-Soviet countries, including Azerbaijan. Be-
ing effective the corruption shows itself as a supplementary tax and influences to
the small business. It shakes the law and paralyzes the system of law. It steels the
profits of citizens from the economical increase. Unfortunately, the corruption is a
failure of a human nature in the world, including US. But the democratic govern-
ment bears the responsibility for being undiscovered and unpunished for not giving
the opportunity causing all system failure41.
As it is known today Azerbaijan and USA take part as the strategic partners in the systemof the modern international relations. The relations between the countries rely on the mu-
tual-beneficial cooperation and enrich with the new quality shades regularly. The strategi-
cal bases connected both of the countries to each other is the coordination of the national
interests system on the mutual-beneficial cooperations. It is not accidental that US Secre-
tary of State John Kerry wrote to Azerbaijan President Ilham Aliyev in the congratulation
letter about the final investment decision on the second phase of the the natural gas pro-
duction project “Shahdeniz”: “Dear Mr.President, I congratulate you and the people of Azerbaijan on the occasion of the final investment decision on the second phase of the
natural gas production project “Shahdeniz”. December 17 - the final investment decisionis the symbol of the important stage in the history of Azerbaijan. Azerbaijan taking the first
step towards the unification with Europe it becomes the reliable, new source of the world
energy resources and helps to ensure energy security of Europe. As a result of many years
of hard work the realization of “South” Gas Corridor will be useful for many consortiumpartners and neighbours, as well as it will strengthem the independence of Azerbaijan. As
Azerbaijan’s vision to the future becomes a reality I promise you our help on behalf of theUSA”42.
It is necessary to note that according to the strategical view with the President Ilham Ali-
yev’s initiative the realization of South Gas Corridor project is very important for the worldand the region countries. The energy projects realized in our country open new opportuni-
ties not only for the regional cooperation, but also for the international cooperation andinfluence affirmatively to all supporters to derive advantage from those projects.
41 William C. Burns. Azerbaijan – US relations. Goergtown University, Washington city, 18 September, 2009.42 Madatova G. NATO partnership with Azerbaijan. Materials of the 9th Republic Students’ Scientific-Practical Conference dedicatedto the 20th anniversary of restoration of independence of Azerbaijan Republic// (December 3, 2011). Baku, 2011.
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The political will of Azerbaijan being the initiator of all great projects in the region played
an important role in the realization of the South Gas Corridor and the new route, first of
all, created great opportunities to diversify sources of gas supplies and to open new alter-
native routes. Appreciating the strategic importance of the project highly, strengtheningthe cooperation in energy branch the President Ilham Aliyev initiated to establish the Advi-
sory Council of Energy Ministers of the countries involved in order to realize Southern Gas
Corridor project43.
In order to take part at the first meeting of the Advisory Council of Energy Ministers of the
countries taking part in Southern Gas Corridor project in Baku the Special Envoy and Co-
ordinator for International Energy Affairs of US State Department Amos Hokhstayn who
told in a press conference that it was a project that formed on the initiative of the Azerbai-
jani authorities and USA appreciates it very much. Recalling his visit to Azerbaijan a few
months ago A. Hokhstayn noted that their aim coming to Baku was to discuss any progress
and measures in the implementation of the corridor: “This corridor is very important ac-cording to the energy security of Europe. The recent events happened in the world also
show that preserving, protecting and strengthening the security of Europe energy has be-
come a very important issue. That is why we are in Azerbaijan and we have joined such a
meeting. I think that it is one more manifestation of the strong ties between the US and
Azerbaijan. USA and Azerbaijan are cooperating in different styles, but energy cooperation
is one of them ...”44.
Speaking about the USA-Azerbaijan relations the cooperation in the humanitarian sphere
must not be forgotten. US officials have always praised the tolerance highly in our country.
It is clear that this issue is one of the priority directions in internal politics of our country.
Nasimi Agayev who was the Consul General of Azerbaijan in Los Angeles wrote in the arti-
cle “Religious tolerance: discovering a model that can work in the dangerous period” pu b-lished in the influential newspaper of US Congress “Roll Call” dated on January 5, 2015about the historical tolerance traditions of Azerbaijan, the created life conditions of differ-
ent religions in the country peacefully together which could be example for all countries in
the world, then he added that though recently the pessimism had enormously increased
about the future of relations among Islamic, Christian and Jewish religions in the back-
ground of the events happened in the Middle East the example of Azerbaijan shows its op-
posite. It is noted that the suitable condition where the atmosphere of peace and harmony
exist has been created in Azerbaijan by the leadership of the country: “ Azerbaijan is proud
of its religious diversity. Azerbaijan was the birthplace of one of the world's most ancientChristian countries and the Christian community participated in the formation of Azerbai-
jan history for centuries... But almost 30 thousand Jewish community living with the
Christian and Muslim communities in Azerbaijan have been living for two thousand years.
Even when the Jews living in the surrounding regions of Azerbaijan were exposed to dan-
43 Bayramov V. Cenub qaz dehlizi layihesinin reallashması strateji baxımdan mühüm önem dashıyır. “Xalq qezeti”, 14.02.2015. 44 Ibid
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ger they had seen Azerbaijan as a safe place for themselves. During World War II the Jews
saved the lives from the fascism had taken ref uge in Azerbaijan” (28).
N.Agayev noted that when the hate among sects threatened the Middle East, Shiahs andSunnites in Azerbaijan live in mutual respect: “Agitating the ancient tolerance traditions inthe country Azerbaijan state guidance has always rejected radicalism, extremism and
hate among religions. The synagogues, mosques, churches were built and are being built
on the support of the Azerbaijan state expense. In particular, the new cultural centers for
different religions are being built, the state means are being divided to the institutions be-
longing to the three religions”45.
Then the diplomat has written: “The USA must also be interested in this successful exam-ple. Thus, Azerbaijan having the secular, tolerant and inclusive qualities plays a great role
for the region which has faced the crisis. During the discussions in the US Congress regard-
ing the increasing threats in the region it would be useful to study the positive experienceof the countries such as Azerbaijan which promotes religious freedom and fights against
the extremism. Congress must support the tolerant and worldly friends of America, looking
through the harmony model of Azerbaijan religions as the working example it must call the
countries of the world to the application of this model”46.
The geopolitical situation in the region forms the important component of the close ties
between our countries. It shows itself not only in the region, generally in the attitude to
Iran which is the main source of instability in the world. The expert on the Russian-Iranian
relations, the head of the Russia Center for the Study of Modern Iran Rajab Safarov com-
menting on the process in our region has said that one can also coordinate relations of the
official Baku to improve ties with the West, especially with the US the expansion of ties with Iran. He has said that in order to solve the problem about the Iranian regime the offi-
cial Washington must create “the fifth column” consisting of the Southern Azerbaijaniansand Azerbaijan Republic can help it in this work: “Azerbaijanis has a state and it is veryfavorable for the official Washington: to raise up rebellion in Tehran by the southern Azer-
baijanis and to help them comprehensively, at last to promise them to join the Republic of
Azerbaijan. In their view, it will be a large, strong state situating in the area from the Cas-
pian Sea to the Persian Gulf. Moreover, this government will be the second Turkish state in
the region after Turkey, in the Middle East”47.
According to Safarov’s words if we take into account the energy resources of Azerbaijanand the size of the area where Azerbaijanis live in Iran, such state could become a strong
45 İzzet İ. Azerbaycanın müsbet tecrübelerini öyrenmek ABSH üçün faydalı olardı. “Trend” İA, 6 yanvar, 2015.46 Ibid47 Memmedli İ. ABSH-ın Cenubi Azerbaycanla bağlı planı var. “Bizim yol” qezeti, 12.6.2014.
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player in the international arena: “All my words are the theory prepared by Americans andthis theory is used as a means of strong pressure by the US administration against Iran”48.
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