Naslov
Annex G of the Agreement on Succession Issues (2001) - Self-Executing or not?

Autori
Crnić-Grotić, Vesna ; Fabijanić Gagro, Sandra ; Perišić, Petra

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, ostalo, znanstveni

Skup
International Scientific Conference in Memory of Prof. Emer. V.-Đ. Degan

Mjesto i datum
Rijeka, Hrvatska, 31.03.2023

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
2001 Agreement on Succession Issues, Annex G, succession, dissolution of Yugoslavia, property rights.

Sažetak
Following the dissolution of Yugoslavia, successor states have concluded in 2001 the Agreement on Succession Issues, which aimed at resolving different issues arising from the break-up of the state. Specifically, Annex G of the Agreement regulated the issue of the protection of private property and acquired rights of citizens and legal persons of the ex-Yugoslavia, requiring their protection by the successor states. Before national courts of the successor states, as well as before international judicial and arbitral bodies, there has emerged a number of proceedings in which physical and legal persons claimed violation of the protected rights. The principal legal issue which arouse in the course of those proceedings was whether the said Annex G constituted a self-executing treaty, apt for application without any further measures being taken, or is it a non-self-executing one, creating a legal obligation, but not being automatically applicable and justiciable in courts. The question of whether the agreement is self- executing or not depends primarily on its own provisions and their interpretation, in accordance with the 1969 Vienna Convention on the Law of Treaties. Therefore, this paper will provide the interpretation of the relevant provisions of Annex G. It will further examine the case law of the courts in the Republic of Croatia, as well as several decisions of the courts in Serbia and Bosnia and Herzegovina, and it will reflect on the relevant decisions of the European Court of Human Rights. The thorough analysis of the case law leads to the conclusion that there is practically a uniformed practice of both national and international courts in treating provisions of Annex G as non-self-executing ones. This means that it is essential for the states parties to take additional measures to implement Annex G, the conclusion of bilateral agreements being the most appropriate one in this regard. The so-far existing coherent jurisprudence on this issue is a solid ground for further approaches to the issue of observance of property rights in the context of Annex G. The consensus on the need to conclude additional bilateral agreements will not only prompt successor states to conclude bilateral agreements and take further effective steps towards a final solution for the implementation of Annex G, but will more generally contribute to legal certainty, rule of law and equality before the law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA