Suchergebnisse

Different parts of State territory on land, sea and in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness and its exclusivity, subject to many exceptions and restrictions imposed either by rules of general international law or by specific treaty obligations that can be assumed by a State. The concept of State servitudes was not assimilated in the practice of international courts and tribunals. Besides, it can be the cause of some misconceptions and confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries such as boundary rivers and lakes and mountain boundaries, as well as the artificial boundaries. Follow explanation of the principle of "uti possidetis, of procedures of fixing boundaries and of special legal scope of boundary treaties in international law. (SOI : PM: S. 74)

The author analyses the possibilities of a symbiosis of the democratic and the constitutional principle, the expression of the strain between the desire for popular sovereignty and the wish to establish the fundamental rules of political life as permanently as possible. Sieyes' distinction between the constituting and the constituted power can easily link the idea of popular sovereignty with the idea of constitutional state, but cannot answer the question of the constituting power's right to restrain the constituted power. Since its inception, the democratic constitutional state has been a dyadic entity i.e. a democratic and constitutional state. The dilemma is whether to respect the existing constitution and follow the procedure envisioned for amending it, or to make amendments following a revolutionary breach with the existing situation i.e. a direct manoeuvre of the constituting power. The author is in favour of separating what the constituting power may decide upon and what the constituted power may decide upon, since this maintains the balance of both types of powers in a constitutional state. (SOI : PM: S. 28)

After the assassination of king Alexander (1934) the Kingdom of Yugoslavia witnessed a revival of the party and political life and confrontation between the regime and opposing forces. The new president of the government Milan Stojadinovic recognized again the existence of the Croatian question. At all political meetings the followers of Vladko Macek and of the Croatian Peasant Party all over Croatia asked the prince Pavle and the government to abolish the dictatorship. The same happened also at the meeting of Croatian Peasant Party in Sisak (1936), when one of the Party leaders, Ljudevit Tomasic, criticized the political situation in the country. Facing 12000 citizens of Sisak and peasants from the Sisak region, he asked for full sovereignty of Croatian people, Croatian Parliament in Zagreb, and said that Croats had never been nor would ever be Yugoslavs "because Yugoslavism is no nation at all". Because of this speech a criminal proceedings against Tomasic were instituted. It was a political process which included a series of state-run institutions. After the agreement between the new president of the government Dragisa Cvetkovic and Vladko Macek and after the establishment of Banovina Croatia, the procedure against Tomasic was stopped. (SOI : CSP: S. 296)