45 Degan, loc. cit., Note 1, page 192. For an analysis of the role of arbitration in follow-up negotiations and the legal value of the Commission`s opinions, see also Trifković, loc. cit. Note 9, pp. 201-03. An example of universal state succession is the dissolution of Czechoslovakia. Neither side claimed continuity: the Czech Republic and Slovakia were both new successor states. Is there a precedent in the recent practice of the State of sub-State succession to the territorial assets of a predecessor State? 24 See, for example. B Opinion, point 13, loc. cit.
Note 8, 1592, point 2 (with reference to the fact that `Articles 18, 31 and 41 of the Convention of 8 April 1983 are relevant where the succession results from the dissolution of an already existing State`); see also Opinion No. 14, loc. cit., note 8, 1594, para. 4 (with direct reference to the Convention). 3 In a note of 7 March 1994, the Government of the Federal Republic of Yugoslavia stated: `Although its position on international legal continuity is firmly anchored, the FRY has agreed, by act of goodwill and on the basis of the principle of equity, to renounce part of the assets of the SFRJ in favour of the successor States Vladimir-Degan, Djuro, Disagreements on the definition of state property in the process of state succession to the former Yugoslavia, in Succession of States 33, 46 (Mojmir Mrak ed., 1999)Google Scholar. State succession can be described as universal or partial. Universal succession of States occurs when a State is completely extinct and its sovereignty is replaced by that of one or more successor States. Partial state succession occurs when the state continues to exist after losing control of part of its territory. [3] The equitable distribution of the assets and liabilities of the former [SFRJ] among the successor States must therefore take place without the question of war damage interfering with the question of state succession, unless otherwise agreed between some or all of the States concerned or if a decision has been imposed on them by an international body.
In the case of the former Yugoslavia, was the Republika Srpska involved in the process of succession of territorial property? The preceding provisions of this Annex shall not derogate from the provisions of bilateral agreements concluded in the same field between successor States which may be consistent between those States in certain areas. 106 As regards the exception of local debts in the context of State succession, see Menon, loc. cit. 65, p. 159; Oeter, loc. cit., Note 1, page 86; Streinz, loc. cit. 7, Bei 215.
There are no major outstanding issues in this area. The World Intellectual Property Organization (WIPO) calls on the successor states to accept the allocation of royalties from the former SFRJ on their behalf. It is proposed to offset the commitments of the SFRJ. An agreement on the distribution of assets among successor States has not yet been concluded. 16 On the analysis of the development of inheritance law, see Oeter, op. cit. Cit. Note l, p. 74; Schachter, Oscar, State Succession: The Once and Future Law, 33 Va.
J. Int`l L. 252 (1993)Google Scholar. 27 On the role of justice in inheritance negotiations, see Stanić, loc. cit., Note 1, 772. Stanić points out that, inter alia, the principle of equity was considered customary law by the four republics that succeeded him. The question of State succession is relevant to the question of reparations for the Armenian Genocide. [10] (2) With regard to paragraph 1(h) and (i), four of the five successor States have concluded agreements with the creditors of the Paris Club and the London Club. The remaining successor State, the Federal Republic of Yugoslavia, assumes responsibility for all debts attributed to it to creditors of the “Paris Club” and the “London Club”, as well as for its share of unallocated debts to those creditors. This should resolve the other claims of the “Paris Club” and the “London Club” against the SFRJ. It is impossible to predict the outcome of this resolution at this stage, but the resolution of the demands of the “Paris Club” and the “London Club” of the Federal Republic of Yugoslavia will conclude between the successor States the resolution of their obligations to the “Paris Club” and the “London Club”.
The successor States have concluded all the successor States have concluded bilateral agreements on social security and regulated the issue of pensions. In 2016 and 2017, Slovenia received from Serbia more than 100 international agreements, the depositary of which was the former SFRJ and which exclusively concern the territory of the Republic of Slovenia. This was the first return of the SFRJ State Archives to a successor state. In parallel with the Treaties, Slovenia has taken possession of border documents relating to the border with Italy (land border), Hungary (zone A) and Austria, which also contain topographic and topographical data as well as maps. It is particularly important for Slovenia to preserve the originals of the Osimo agreements, on which no agreement has yet been reached with Croatia, as required by the agreement. At the initiative of Slovenia, discussions began in 2014 on the digitisation of the SFRJ`s joint archives. A pilot project to digitize one of the smallest groups of common documents was completed in 2016. by demonstrating their willingness to cooperate in the settlement of outstanding matters of succession in accordance with international law, (3) The distributions referred to in paragraph 1 shall be final and shall not be taken over by any of the successor States with respect to matters of succession.
3. Any divergence which may arise in practice as to the interpretation of the terms used in this Agreement or in a subsequent agreement necessary for the implementation of the Annexes to this Agreement may also be raised on the initiative of each State concerned. As regards the funds and assets deposited with austrian banks, the transfer of the common assets to only one of the successor States – in disregard of the claims of the other members of such a community – would be even more equivalent to the recognition of expropriation without compensation in the State of the administrative seat itself, since the Federal Republic of Yugoslavia claims to be the only successor State to the SFRJ, otherwise identical to this one. (h) The share of the official external debt of the SFRJ towards the members of the “Paris Club” included by certain successor States in a report established in agreements between each of them and the members of the “Paris Club”; During the dissolution of Yugoslavia, the sub-State units of the Republika Srpska, the Republic of Krajina and the Bosnian Federation tried unsuccessfully to participate in public forums and diplomatic conferences dealing with matters of state succession. 59 Id., p. 701. Article 2 (d) of the 1983 Vienna Convention, loc. cit. Note 7, generally defines the “date of succession of States” as the “date on which the successor State replaced the predecessor State competent for the international relations of the territory to which the succession relates”. (ii) The original text or certified copies of the Treaty of Osimo and the 1975 Osimo Agreement, as well as all related agreements, archives and preparatory work relating to their negotiation and implementation, shall be made available without delay to Croatia and Slovenia for negotiation with Italy, in full possession of the relevant elements, the consequences of these treaties for their respective States. .