Agreement on Succession Issues of the Former Socialist Federal Republic of Yugoslavia

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Agreement on Succession Issues of the Former Socialist Federal Republic of Yugoslavia
Post-Yugoslav signatories;

  Federal Republic of Yugoslavia (Serbia and Montenegro)
  Croatia
  Republic of Macedonia
  Bosnia and Herzegovina

  Slovenia
TypeMultilateral treaty
Signed29 June 2001 (2001-06-29)[1]
LocationVienna, Austria[1]
Effective2 June 2004 (2004-06-02)
Original
signatories
LanguageEnglish[1]

The Agreement on Succession Issues of the Former Socialist Federal Republic of Yugoslavia is an international agreement on shared state succession of the Socialist Federal Republic of Yugoslavia reached among its former constituents republics following the breakup of the country in early 1990s.

The agreement was reached in 2001, after the end of Yugoslav Wars and protracted negotiations facilitated by international community, that there are five sovereign equal successor states of the SFR Yugoslavia (Slovenia, Croatia, Bosnia and Herzegovina, the Republic of Macedonia – today North Macedonia — and the Federal Republic of Yugoslavia – today Serbia).[2] It entered into force on 2 June 2004 when the last successor state (Croatia)[3] ratified it.[2] Contrary to some other cases in which only one country would act as a sole legal successor state (for example Russia in case of the former Soviet Union), multiple new states participated in state succession of SFR Yugoslavia with neither one of them therefore continuing in full international legal personality of the previous state or inheriting automatically memberships in multilateral institutions or treaties.

The agreement was signed as an umbrella agreement which included annexes on diplomatic and consular properties, financial assets and liabilities, archives, pensions, other rights, interests and liabilities as well as private properties and acquired rights.[4] As of 2021 daily implementation of the Agreement remains only partial with significant differences in each annex and with particular challenges in restitution of cross-state immovable property rights for private companies and individuals (Annex G) particularly pronounced in restitution of private property rights in Croatia.[3]

Background

While Slovenia, Croatia, Bosnia and Herzegovina and the Republic of Macedonia interpreted the breakup of Yugoslavia as a definite replacement of the earlier Yugoslav socialist federation with new sovereign equal successor states, newly established FR Yugoslavia (Serbia and Montenegro) claimed that it is sole legal successor entitled to the assets as well as automatic memberships in international organisations and agreements of SFR Yugoslavia.[5] Arbitration Commission of the Peace Conference on Yugoslavia was established on 27 August 1991 providing a formal negotiating platform for the Yugoslav republics with the Commission declaring on 29 November 1991 that SFR Yugoslavia was in the process of a dissolution opening the doors for recognition of new states.[6] The Commission received the Single Inventory of the Assets and Liabilities of SFRY as on 31 December 1990 which was confirmed in 1993 but was rejected by Serbia and Montenegro after removal of Milan Panić.[5] Earlier, on 12 February 1992 Serbia and Montenegro agreed to reconstitute their federation and on 27 April 1992 declared the formation the Federal Republic of Yugoslavia as the direct continuing state with full legal personality of the former SFR Yugoslavia.[6] This interpretation was rejected by the European Community and the United States as well as any subsequent succession claims by subnational entities (Federation of Bosnia and Herzegovina, Republika Srpska or Republic of Serbian Krajina).[6]

In the light of disagreement, the negotiations were continued only in 1995.[5] On 22 November 1995 United Nations Security Council adopted United Nations Security Council Resolution 1022 welcoming the efforts to reach consensual agreement on state succession that will enable transfer of assets to the new states.

See also

References

  1. ^ a b c d e f g h "Odluka o proglašenju Zakona o potvrđivanju Ugovora o pitanjima sukcesije". Narodne novine. 8 March 2004. Retrieved 2 October 2022.
  2. ^ a b "SFRY Succession". Government of Slovenia; Government Communication Office. Retrieved 8 January 2021.
  3. ^ a b Nemanja Mitrović (29 June 2021). "Pravo, Jugoslavija i imovina: Dokle se stiglo sa sukcesijom 20 godina od potpisivanja sporazuma". BBC. Retrieved 2 October 2022.
  4. ^ Stahn, Carsten (2002). "The Agreement on Succession Issues of the Former Socialist Federal Republic of Yugoslavia". The American Journal of International Law. 96 (2): 379–397. doi:10.2307/2693933. JSTOR 2693933. S2CID 144987205.
  5. ^ a b c Cerar, Božo (1997). "State Succession after Former Socialist Federal Republic of Yugoslavia, 1997 CanLIIDocs 252". Revue générale de droit. 28 (4): 565–568.
  6. ^ a b c John Knox; Michael Scharf; Geoff Watson; Paul Williams (20 February 1997). "State Succession to the Immovable Assets of Former Yugoslavia". International Crisis Group.
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