Međunarodna konferencija o Aneksu "G" Sporazuma o pitanjima sukcesije SFRJ : prikaz rada Konferencije i donete Deklaracije o poštovanju preuzetih međunarodnih obaveza

Ristić, Zoran and Andrić, Rajna and Čolović, Vladimir (2020) Međunarodna konferencija o Aneksu "G" Sporazuma o pitanjima sukcesije SFRJ : prikaz rada Konferencije i donete Deklaracije o poštovanju preuzetih međunarodnih obaveza. Branič: časopis Advokatske komore Srbije, 133 (2). pp. 229-239. ISSN 0353-9644

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Abstract

International conference dedicated to application of Annex „G” of the Agreement on Succession Issues of former SFRY was held in Belgrade in February 2020, with participation of distinguished scholars, judges and attorneys at law from Republic of Serbia, Republic of Croatia, Republic of Slovenia, Bosnia and Herzegovina, and United State of America. Organizers of the event were Association of Lawyers of Serbia, Institute for Comparative Law, and Association of Damaged Legal Persons „Confiscated Property”, with support of Association for Comparative Law, Inter- disciplinary Center for Promotion of Integration Processes and Harmonization of Law and Association for Compensation Law and Insurance. The Conference analyzed the practice of application of Annex „G” (under the head- ing „Private Property and Acquired Rights”) in signatories states; in that regard, the Conference stressed that that non-adherence to Annex „G” provisions is di- rectly contrary to international obligations of the states, arising out from different international agreements and other international documents. The Conference noted in particular unacceptable practice of the state bodies of the Republic of Croatia, that violate the rights of the persons from other former Yugoslav states by invoking local laws and regulations; the Conference emphasized that this argument cannot be used as the pretext for breach of international obligations of the state. The Conference accepted the Declaration on Respect of Accepted International Obligations. The said Conference document specifies the source of the states’ duty to respect obligations arising out from the international agreements, and reiterates the principle of supremacy of international obligations of the states over their in- ternal legal rules. The Declaration enumerates the substantial violation of the Succsession Agreement by the Republic of Croatia and presents the measures that have to be undertaken by this state, as well as other signatories of the Agreement, for the purpose of creating the legal system where the individual right of the per- sons, precisely and comprehensively stipulated in the Succession Agreement and its Annex „G”, will be fully respected. The Conference concluded that the Declaration should be distributed to the state signatories of the Succession Agreement and their respective authorities, as well as to the international organizations interested or in charge of human rights and individual freedom. The review presents the background of the drafting and conclusion of the Agree- ment on the Sucession Issues and gives the necessary details on the work and participants at the Conference. The full text of the Declaration is given in the review.

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