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Recognition of the Union of Bessarabia with Romania – Historical and International Law Issues

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Recognition of the Union of Bessarabia with Romania – Historical and International Law Issues I N T E R N A T I O NA L CO N F E R E N C E RCIC’18 Redefining Community in Intercultural Context Bucharest, 17-19 May 2018 RECOGNITION OF THE UNION OF BESSARABIA WITH ROMANIA – HISTORICAL AND INTERNATIONAL LAW ISSUES Radu CARP Faculty of Political Sciences, University of Bucharest, Bucharest, Romania Abstract: This paper deals with the recognition of Sfatul Ţării act of 27 March 1918 - the legal basis of the Bessarabia union with Romania - in international law, by the states who signed the 1920 Peace Treaty of Paris and by the Soviet Russia/Soviet Union. The final agreement of France, United Kingdom and Italy has been made possible because of a very active Romanian diplomacy and of some extreme measures like maintaining military troops in Hungary or abstaining from intervention in Soviet Russia even if the Western Powers insisted on this matter. US and Japan who did not sign and/or ratify the 1920 Peace Treaty of Paris did not refuse explicitly the recognition of the Bessarabia union with Romania. The Soviet Union recognition was de facto accomplished (at least according to the interpretation of the circumstances) after this country signed in 1933, together with Romania and other states, the Convention for definition of aggression. The absence of de jure recognition from the international community cannot lead to the conclusion that Bessarabia union with Romania has not been done according to the international law. As this paper shows, Bessarabia proclaimed its autonomy inside the Russian empire, then its independence and the union with Romania, in full respect of the self-determination principle. Keywords: Bessarabia; peace; recognition; Romania; Russian empire; Soviet Russia; treaty, union 1. INTRODUCTION The Treaty of Peace signed at Buftea with the Central Powers implicitly recognized the union of Recognition of the union act of the Bessarabia Bessarabia with Romania. Austro-Hungary, at that Union with Romania on March 27, 1918 has met time before the beginning of its dissolution, difficulties just from the very first moments. The recognized this act in exchange for Romania’s Ukrainian Rada has protested against the Romanian “friendly” attitude (the lack of any claims to Government, and the response came on april 20, Transylvania, Bucovina and Banat). 1918. The Romanian Government’s note proved the In the context of resuming the offensive on the Romanian majoritarian character of the territories West Front, Germany was ready to formally between Prut and Dniestr, the accusations from the recognize the union with Bessarabia. There was no Ukrainian side being rejected. At Kiev, a similar time for discussions on this issue due to the request has been formulated on May 5 and it was Romania’s return to the war operations in rejected again on June 19. The Bolshevik November, 1918. In this context, the US Secretary government in Petrograd had the same approach, of State at Iași, Charles Vopicka, went to Chișinău sending a protest note to the Central Powers. on November 3, 1918 to officially declare that his Although on 2 November 1917 Russia's Declaration country supports the membership of Bessarabia in of Peoples' Rights by which the peoples of the the new Romanian unitary state. Russian Empire had the right to self-determination After March 27, 1918 Bessarabia was very was passed, Foreign Affairs Commissioner Gheorghi close or even in some cases inside the theatres of Cicerin protested to the Central Powers about military operations. The Dniester was not yet a “Bessarabia's annexation by Romania”. Germany recognized border with the USSR. In December announced that objection to the Bucharest 1918 a Bolshevik offensive took place and the government but the position of Romania and Dniester was forced into the Hotin area, the Germany was the same, as Alexandru Marghiloman, offensive being rejected by the Romanian army. prime-minister at that time, considered: Russia had The French Army temporarily occupied Odessa already recognized the secession of Bessarabia under and Chişinău to help the Ukrainian anti-Bolshevik the Treaty of Brest-Litovsk. offensive. A junction of French military troops 31 Radu CARP with Romanian troops was made in Chişinău. After status, and this region had not been part from an the departure of German troops from the territory enemy-state of Entente, before the war. of Ukraine, the Ukrainians began their incursions Meanwhile, the Bolshevik attacks on the over the Dniester. Dniester border have been resumed, the last attack In this context, the general opinion was that the of this kind being rejected by the Romanian troops union of Bessarabia with Romania will come on February 14, 1919. Soviet Russia closely naturally. As early as December 1918, the French observed the Paris Peace Conference, the Government created a group of experts to establish diplomacy of this country being strongly involved the frontiers that would result from the peace plan. in the foreground of the Bessarabia problem. The On behalf of France, Emmanuel de Martonne was policy of Soviet Russia was pursued on three levels appointed to set the borders of Romania. He simultaneously: subversive actions and Bolshevik attributed Romania the entire territory between propaganda; armed attacks on the vulnerable points Prut and Dniester, the used argument being the of the border with Romania; the attempt to percentage of 72% of the Romanian population. influence the opinion of the Western allies Not only the ethnic factor has been taken into regarding the recognition of the Union of account, but also the contribution to the war and Bessarabia with Romania. the position on Bessarabia. France took note that The issue of Bessarabia is addressed for the Romania did not make claims related to Bessarabia first time on February 8, 1919. The British during the military conflict, considering that the representatives insisted on the application of the annexation of this province was the effect of ethnic principle but pointed out that it is important exercising the right to self-determination. The to bear in mind that the possible subsequent French prime-minister Georges Clemenceau said reproach of the Soviet Russia according to which it on the occasion of the opening of the Peace would be deprived of territories belonging to it, Conference at Paris: “the fact that the issue of taking advantage of the precarious situation of the Bessarabia was to be regulated in favour of new Bolshevik State must be avoided. The French Romania constitute an element that cannot be representative mentioned that this point of view neglected” (Micu, 2011:112). corresponds to the principle of not taking into We may conclude that since the proclamation account the military occupations but showed that of the Union of Bessarabia with Romania on Bessarabia was forcedly annexed by the Russian March 27, 1918 to the Peace Conference, the Empire in 1812. The American, Italian and also Western powers did not challenge this act, on the British experts expressed doubts about the decision contrary they considered it as an effect of the right of Sfatul Ţării (doubts to be formally expressed by to self-determination that they encouraged. With the Soviet Russia), but the Prime Minister Ion I.C. the beginning of this Conference, the idea of Brătianu rejected these arguments on 28 February correlating the recognition of the Union of 1919. The Report of the Central Territorial Bessarabia on the basis of the overthrow of the Commission would recommend the establishment Bolshevik regime appears: it is believed that a new of the Romania’s borders on the Dniester. Russia, liberated from Bolshevism, should be However, this report would be disputed by the so- given certain concessions. The evolution of the called Russian Political Conference in Paris, made military situation has made this idea to remain only up of diplomats of the former Russian Empire, and at the project stage but its existence shows the on March 9, 1919 this institution presented a additional difficulties that have existed with the memorandum against that report. The former high official opening of the Peace Conference. officials of the Russian Empire had other opinions before the opening of the Peace Conference (Micu, 2. THE PROCESS OF RECOGNITION 2011:114). The imminent recognition of the border The Peace Conference began on January 18, between Romania and Soviet Russia on the 1919. The issue of recognizing the Union of the Dniester made the Bolshevik efforts against other historical provinces, except Bessarabia, with Romania to intensify. Thus, the Soviet Romania was somewhat simpler because the Commissioner Gheorghi Cicerin said: “We have to successor states of Austria-Hungary were present act, otherwise the Romanian’s border on Dniester at the negotiations. Soviet Russia was not will be recognized”. A plan of the Red Army’s represented and thus the issue of the recognition of offensive against Romania was adopted in the union of Bessarabia with Romania has a special Tiraspol, but the start of General Denikin’s 32 RECOGNITION OF THE UNION OF BESSARABIA WITH ROMANIA … offensive redirected the military forces to as a price for the recognition of the union. counteract it. Romania sought to delay this withdrawal as much The Central Territorial Commission as possible, invoking “technical” reasons until the recommended to the Council of Foreign Ministers recognition of the union. of Allied Powers the recognition of the union of Romania still faced another great challenge in Bessarabia with Romania. These recommendations dealing with the Allies regarding the recognition of were initially rejected by the US Secretary of State its union. France expected a Romanian-Polish Robert Lansing, who stated that there was no alliance to launch an offensive against the Soviet competence of the Peace Commission with regard Russia. Romania, however, had a more reserved to a territory of a state which was not an enemy of attitude towards this initiative, as General Denikin the Allied Powers.
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