Suchergebnisse

The current relations of the Republic of Serbia with the People?s Republic
of China (hereinafter: Serbia and China) are conditioned by many political,
economic, legal and social factors. The mentioned factors point to the
existence of asymmetry in many aspects which, however, is not an issue that
implies that the two parties can not develop good and friendly relations. In
the historical and international legal sense, the relations of the two
countries are characterized by the continuity of diplomatic relations
established on January 2, 1955, between the then Federal People's Republic
Yugoslavia and the People's Republic of China. Serbia as the successor state
of SFR Yugoslavia continues to treat China as one of its most important
partners in international relations, which is manifested through the foreign
policy course, according to which China is one of the main ?pillars? of
Serbia's foreign policy alongside the European Union, Russia and the United
States. The mere reference to the main ?pillars? in Serbia's foreign policy
orientation indicates that China is a key player in world politics and a
great power with which Serbia needs to build relations of a ?comprehensive
strategic partnership?. It is not surprising, therefore, that the deepening
of the Serbian-Chinese relations on a bilateral and multilateral level
(especially within the UN, regional international organizations and
political forums such as the 16 + 1 mechanism between China and the
countries of Central and Eastern Europe) contributed to better strategic
positioning of Serbia in modern international relations.

The paper deals with the genesis of the Conference on Security and
Cooperation in Europe (CSCE) as the important pan-European forum for
addressing security issues during the Cold War era, and, secondly, analyses
the dynamics of institutional changes that led to establishment of the
Organisation for Security and Cooperation in Europe (OSCE). As an active
factor in the process of d?tente and the easing of tensions between the then
USSR and the United States, the CSCE was the place in which were flowing all
initiatives related to overcoming the security problems in bipolar Europe.
The paper provides a brief of negotiation process that produced the Helsinki
Final Act of 1975, an international political document that laid down the
basic principles of interstate relations and political commitments in a
number of areas, from military-political security, to economic and
environmental co-operation and human rights. The author concludes that the
role of the OSCE is likely to stagnate in the 21st century, for it will not
be sufficiently capable to influence Euro-Atlantic and Euroasian affairs, and
to maintain its function as an important consultative and negotiating
mechanism, as well as a platform for regional security and cooperation.

Succession of states is a process of substitution of state subjects
concerning responsibility of international legal relations of the territory
to which the succession relates to. No general rules and unwillingness of
states to apply particular rules on succession often caused extreme
difficulties in the past in analyzing the succession of treaty rights and
obligations. As a totally incomplete system that would serve to regulate all
problems caused by the change of the state territorial sovereignty in time
the law of succession has manifested a tendency towards ?adjustment? of
customary rules to the factual situation. The contemporary examples of
dissolution of the USSR, Czechoslovakia and SFR Yugoslavia, re-unification of
Germany, as well gaining of independence by the Baltic States prove the
assertion mentioned above. However, succession does not always prejudice
legal substitution of states with regard to their rights and obligations. The
study of the legal consequences of the process of succession of states
presumes the application of a comparative method in the analysis of the state
practice as well as the implementation of rules and principles of
international law codificated in the 1978 Vienna Convention on Succession of
States in Respect of Treaties.

The human rights and freedom corpus in contemporary international law has
made topical property rights members of the German minority in Eastern and
South-East European countries were deprived of during and after the end of
World War II. The goal of dispossessing them of their property was to
consolidate the demolished economy and plundered and destroyed national
wealth on the part of the Axis powers and above all by, Nazi Germany and its
satellites. Taking into account the fact that various categories of persons
were dispossessed of their property and not only members of the German
national minority that directly or indirectly participated in the occupation
and the war of aggression against the states mentioned above, the demand for
restitution of their property several decades after also opens the question
of their legal and political rehabilitation and then revision of the legal
and historical facts that could produce only limited institutional and legal
effects within the changed sociopolitical circumstances. For the complexity
of the restitution problem, an analysis should be done of the legal and
historical heritage, which does not preclude examination of possible
international implications, this also including negative effects that demands
for restitution can have on the European integration process.

The analysis of the cases concerning international territorial administration involves the results of research of taking over administration over the strategically and internationally important areas in the periods after World War I and II, respectively. All analysed cases among which are the mandates of the League of Nations, non-selfgoverning, strategic and trust territories or generally speaking, 'internationalised territories' in the system of United Nations indicate that international administration of territory is established by the division of power by two or more states in an area or by the transfer of administrative authorities to an international body or the international organisation. As a rule, they are established because the political and social conditions are not fully created as well as because of the unequal power of international legal subjects. The transformation of international territorial administration in the contemporary period results from the transformation of the United Nations collective security system. In critical situations it can serve to achieve political legitimacy and legal and economic subjectivity of the territory.

The continuity with the former federal & republic nationality in the successor states of former SFRY confirms that it has kept on being regulated by their internal laws. However, not in all cases regulations of citizenship have been implemented in accordance with the provisions that are defined by international law. The basic nationality principles have not been applied to the citizens of different ethnic origin. For their own political interests the states did not take measures to duly grant citizenship to the persons that at the time of succession were nationals of the predecessor state. The delay in passing & implementing the laws, non-respect of the right of option, the exclusiveness of domestic citizenship & the absence of solutions for the protection of family unity had a negative reflection on the achievement of rights of citizens. The problems have gradually been overcome by introducing novelties in laws, by adopting administrative legislation & jurisprudence of the successor states, but as far as equality before the law is concerned some issues have remained unsolved. References. Adapted from the source document.

The continuity with the former federal and republic nationality in the successor states of former SFRY confirms that it has kept on being regulated by their internal laws. However, not in all cases regulations of citizenship have been implemented in accordance with the provisions that are defined by international law. The basic nationality principles have not been applied to the citizens of different ethnic origin. For their own political interests the states did not take measures to duly grant citizenship to the persons that at the time of succession were nationals of the predecessor state. The delay in passing and implementing the laws, non-respect of the right of option, the exclusiveness of domestic citizenship and the absence of solutions for the protection of family unity had a negative reflection on the achievement of rights of citizens. The problems have gradually been overcome by introducing novelties in laws, by adopting administrative legislation and jurisprudence of the successor states, but as far as equality before the law is concerned some issues have remained unsolved.

The author mostly deals with certain legal aspects concerning the succession into the membership of the UN. He attaches a great im?portance to the theoretical examination of the concept of continuity and succession of States. He gives analysis in the inconsistent practice of the UN and demonstrates a new pragmatically approach in the case of the succession of the former SFR Yugoslavia. His study concentrates on the legal status of the new States which have emerged from the disso?lution of the former Yugoslavia and a somewhat unresolved position of the Federal Republic of Yugoslavia which remains controversial issue until the admission into the UN. Finally, the author illustrates nowadays Serbia?s position in the UN.

In this study the author attaches a great importance to the theoretical examination of the concept of the New International Legal Order that was embodied in the last decades of the 20th century. The starting point for that reflection is the dissolution of the SFR Yugoslavia that illustrates one of the fundamental legal precedents. Reminding that the basic principle for the post-modern State behavior must be the one that includes minimal disturbance of the existing international legal relations, the author stresses that "the Yugoslav case" was customized in the way to respond to the new reality where the principle of effectiveness played an essential role in valuation of the statehood. It could also be one of the greatest catalysts for all further 'development rules' of international law.

The author illustrates the key issues of processes of the FR Yugoslavia (Serbia & Montenegro) before the International Court of Justice in The Hague (ICJ). Focused on explanations for the ICJ determination of the legal foundations for jurisdiction in accordance with international law, he gives legal remarks on reasons why the ICJ was able to consider them in the case of the Bosnia & Herzegovina vs. FR Yugoslavia (Serbia & Montenegro) & why it decided to lack jurisdiction in the cases against NATO. Examinations of the legal facts of the state responsibility do not prejudge questions of the jurisdiction of the ICJ that should be open in the case between Croatia & Serbia & Montenegro. The author's remarks follow the preliminary procedure of the ICJ & help consider the real state of all instituted proceedings. Tables, References. Adapted from the source document.

The author illustrates the key issues of processes of the FR Yugoslavia (Serbia and Montenegro) before the International Court of Justice in The Hague (ICJ). Focused on explanations for the ICJ determination of the legal foundations for jurisdiction in accordance with international law, he gives legal remarks on reasons why the ICJ was able to consider them in the case of the Bosnia and Herzegovina vs. FR Yugoslavia (Serbia and Montenegro) and why it decided to lack jurisdiction in the cases against NATO. Examinations of the legal facts of the state responsibility do not prejudge questions of the jurisdiction of the ICJ that should be open in the case between Croatia and Serbia and Montenegro. The author's remarks follow the preliminary procedure of the ICJ and help consider the real state of all instituted proceedings.

The Yugoslav case is central to any study of the issue of State succession in modern international law. The international response to the Yugoslav crises was largely articulated through the Arbitration Commission of the European Community and its legal opinions in relation to dissolution of SFRY. Reinforcing the principle uti possidetis, Arbitration Commission admitted its general scope in international law. The application of the principle resulted in administrative boundaries being transformed into international frontiers. The territory passes to the new States on the basis of the pre-existing administrative boundaries, regardless of the procedure by which this boundaries were established. This conclusion follows from the principle of respect for the territorial status quo which is essential for stability of the successor States. The succession to existing administrative territorial limits probably cannot extend to the every uti possidetis line between new successor States and therefore no successor State can be deprived of its inherent rights what in Yugoslav case confirms transitional function and retrospective character of principle which is necessary for final international delimitation. This international law principle could be understand only in historical context. The principle has difficult task to produce new international recognized boundaries in order to protect the independence and stability of new States. In positive international law the essence of the principle lies in confirmation of territorial status quo, except where the States concerned agree otherwise. It means that principle not able to resolve all boundary problems. It should perform possible legal title if the formal basis of consent default. In the case of succession of SFRY, a boundary line not preclude the dissentient parties from citing the contents of any ?indicia of title? because the clear legal title hasn?t existed in the former composite State. Where the administrative boundary which is being transformed into international boundaries by virtue of the principle uti possidetis cannot be identified by any legal act or subsequent State practice with regard to a particular territory the new limitrophe States must allow for the application to the other international law rules. That corresponded the principle of ?effectivit?s? which play an essential role. When particular difficulties in the application of general principle arose, the principle of equity infra legem might be possible solution. But analysed international practice has not shown any mandatory legal rules apply in the present context. Although many methods of delimitation could be used in practice. At last the exact location of a boundary line would be amicably settled by the successor States and it therefore is important to unravel the confused boundary stands in order to see the problem in correct perspective.