- Type of paper
: Paper in journal
Title: Confederalism
Journal: Politička misao
Number: 2
ISSN: 0032-3241
Volume: 28
Year: 1991
Pages: from 3 to 47
Number of references: 10
Language: hrvatski
Keywords: Confederation, Federation, International organizationa, Treaty-Making Capacity
- Type of paper
: Paper in journal
Title: The Dissolution of Yugoslavia
Journal: Politička misao
Number: 4
ISSN: 0032-3241
Volume: 28
Year: 1991
Pages: from 50 to 61
Number of references: 9
Language: hrvatski
Keywords: Arbitration Commission, Dissolution of States, Federation, Succession of States, Human Rights, Jus cogens.
- Type of paper
: Paper in journal
Title: Applicable legal Rules on State Succession
Journal: Zakonitost
Number: 67
ISSN: 0353-7099
Volume: 46
Year: 1992
Pages: from 829 to 854
Number of references: 15
Language: hrvatski
Keywords: Succession of States, Customary Law, War damages, Dissolution of a State.
- Type of paper
: Paper in journal
Title: State Succession in Respect of Immovable and Movable State
Property
Journal: Zakonitost
Number: 67
ISSN: 0353-7099
Volume: 46
Year: 1992
Pages: from 903 to 917
Number of references: 9
Language: hrvatski
Keywords: Succession of States, State property, Equity and State Succession.
- Type of paper
: Paper in journal
Title: Succession of States in Respect of Treaties in Case of
Dismemberment of a Federation
- Authors:
- Crnić-Grotić, Vesna (127650)
Journal: Zakonitost
Number: 67
ISSN: 0353-7099
Volume: 46
Year: 1992
Pages: from 855 to 869
Number of references: 17
Language: hrvatski
Keywords: Succession of States, Treaty, Treaties on Frontiers, Federation, Dissolution of a State.
- Type of paper
: Paper in journal
Title: "Yugoslavia in Dissolution"
Journal: Politička misao
Number: 1
ISSN: 0032-3241
Volume: 1
Year: 1992
Pages: from 20 to 32
Language: engleski
Keywords: Arbitration Commission, Dissolution of a State, Federation, Succession of States, Human Rights, Jus cogens.
- Type of paper
: Paper in journal
Title: "The War in Croatia: Temporal Application of Conventional
Rules Prihibiting International Crimes"
Journal: Politička misao
Number: 2
ISSN: 0032-3241
Volume: 30
Year: 1993
Pages: from 5 to 18
Number of references: 9
Language: engleski
- Type of paper
: Paper in journal
Title: "Historic Events Resulting in the Dissolution of
Yugoslavia"
Journal: Encyclopaedia Moderna
Number: 42
ISSN: 0013-7138
Volume: 14
Year: 1993
Pages: from 163 to 169
Number of references: 4
Language: engleski
Keywords: Dissolution of a State, Federation, War Crimes, ArbitrationCommission, Dates of the Succession of States.
- Type of paper
: Paper in journal
Title: General Principles of Law (A Source of General
International Law)"
- Authors:
- Degan, Vladimir-Đuro (111411)
Journal: The Finnish Yearbook of International Law
ISSN: 0786-6453
Volume: III
Year: 1992
Pages: from 1 to 103
Number of references: 45
Language: engleski
Summary: This article deals first with doctrinal controversies over
the meaning of this term, especially in the light of naturalist and
voluntarist concepts of international law. Follows a historical explanation
of jus gentium in roman law and of teachings of St.Thomas Aquinas, Grotius
and Vattel, finishing with a succinct accounting of the main features of
positivism since 19th century. The arbitral practice in this respect has
been explained until the beginning of 20th century. Follows an explanation
of references on general principles of law and alike terms in the Hague
Conventions of 1899 and 1907. Within the heading on "General principles of
law and the Hague Court" was first done a review of travaux preparatoires
on Article 38 of the Statute, then a survey of poor practice of the two
Hague Courts in this respect, finishing with the explanation of the meaning
of the qualification: "recognized by civilized nations". Within the heading
"Determination of the content and scope of general principles of law" were
discussed the following items: general principles as a prerequisite of the
existence of any legal order; State sovereignty v. general principles; the
so-called "principles of international law"; the rules of legal reasoning
vis-a-vis legal principles; analogy in international law; dynamic element
in general principles of law; and finally on general principles of law and
new problems of legal regulations. The author's conclusion is that there
are several legitimate meanings of this term. The general principles of law
are some legal rules of enternal character appropriate to any legal order
or judicial procedure, but almost all of them have already been transformed
into rules of positive customary or conventional international law.
However, they are still extremely important as an independent source in
transnational and supranational law. Some very broad principles from roman
law can serve as an inspiration for regulations of new legal situations
(res extra commercium in the space law and in the international seabed
Zone), but then the matter is not of rules of positive law. Finally,
Article 38 (1c) of the Hague Court's Statute serves as a basis for recourse
of the judge to the analogy with rules of municipal law in order to fill
the gaps in positive international law.
Keywords: General principles of law, Sources of international law, Natural law, Eternal law, Positivism in international law, International legal order, Legal reasoning, Analogy in international law.
- Type of paper
: Paper in journal
Title: Western Concept of Human Rights
- Authors:
- Degan, Vladimir-Đuro (111411)
Journal: Encyclopaedia Moderna
Number: 4
ISSN: 0013-7138
Volume: 44
Year: 1993
Pages: from 277 to 285
Number of references: 6
Language: engleski
Summary: A succint development of teachings on natural law has been
exposed, especially these by St. Thomas Acquinas and Grotius. Then were
quoted and commented passages from the 1776 American Declaration of
Independence and the 1789 French Declaration of the Rights of Man and of
the Citizen. All these human rights are today peremptory norms of general
international law (jus cogens). They are set up in the 1948 Universal
Declaration of Human Rights and in subsequent international instruments.
The author proposes a hierarchy of human rights taking into account the
gravity of consequences of their violation and the degree of international
responsibility of the culprit State. After a discussion of humanitarian
intervention were described as follows: (i) human rights the violation of
which constitute international crimes; (ii) the principle of
non-discirimination; (iii) peremptory norms (jus cogens) on civil and
political rights; (iv) some other mandatory rules in the same domain; and
(v) economic, social and cultural rights.
Keywords: Human rights, Hatural law, Humanitarian intervention, International crimes.
- Type of paper
: Paper in journal
Title: State Succession, Especially in Respect of State Property
and Debts
- Authors:
- Degan, Vladimir-Đuro (111411)
Journal: The Finnish Yearbook of International Law
ISSN: 0786-6453
Volume: IV
Year: 1993
Pages: from 130 to 193
Number of references: 22
Language: engleski
Summary: In this article was first discussed the notion of State
succession according to Article 2(1a) common to the 1978 and 1983 Vienna
Conventions. Then follows a review of various patterns of territorial
changes of States producing different legal relations. In this light were
exposed prospects of appearance of genuine customary rules of general
international law in this domain. After a survey of big territorial changes
that happened in the 20th century and the ways of settlemet of problems of
State succession, a special attention was paid to the 1978 and 1983 Vienna
Conventions. First were exposed problems to which these two Conventions do
not relate and the applicable legal rules in these situations. Extensively
were discussed conventional effects of these two Conventions once they
enter into force, and then the operation of the rules from these
Conventions in the customary process. A second part of this article deals
with the problems of State succession resulting from the dissolution of
Yugolsav, Soviet and Czecho-Slovak Federation. But legal situation in the
territory of these three former Federations is much different. While all
former Republics of the Soviet Union and of Czecho-Slovakia have recognized
the independence one of another within their actual borderlines (with a
minor exception of Estonia and Latvia in regard to the Russian Federation),
the "Federal Republic of Yugoslavia (Serbia and Montenegro)" is still
perpetrating a war for territorial conquests in Croatia and in
Bosnia-Herzegovina. This state still hasn't recognized the independence of
Bosnia-Herzegovina, Croatia and Macedonia within their frontiers. It still
accuses these three new States and Slovenia for alleged "illegal secession"
from the former Socialist Federal Republic of Yugoslavia, of which it
claims full identity and continuity only for itself. It has peculiar claims
in respect to State and social ownership which should according to it be,
or be not, the object of State succession, in disrespect of generally
agreed international norms in this domain. In spite of this highly
irregular situation of an aggressive war still in progress and of attempts
of the F.R.Y. to hamper the process of State succession, a special Working
Group on this issue is acting within the International Conference on the
Former Yugoslavia. The Arbitration Commission, an organ of the Conference
itself, has issued so far fifteen Opinions on different legal problems. The
largest part of these Opinions deal directly with specific problems of
State succession, or are connected with it. The present text is in its
largest part based on Opinions of the Arbitration Commission. It deals in
particular with the following topics: relationship of international and
municipal law; State succession and reparation of war damages; the assets
and liabilities to be apportioned between successor States (the object of
State succession); the dates of the succession of States: legal nature of
rules set up in the 1983 Vienna Convention in Respect of State Property,
Archives and Debts; the negotiating framework as proposed by the
Arbitration Commission to the successor States of former Yugoslavia; legal
consequences of refusal by one or more successor States to cooperate;
equitable apportionment of State property and debts; and legal scope of
Opinions issued by the Arbitration Commission. The principles and advices
set up by the Arbitratrion Commission will facilitate the process of State
succession once a more cooperative Government comes into power in Serbia.
They can equally be of some importance for other cases of State succession,
first of all probably in the former Soviet Union.
Keywords: State Succession, Customary process, Arbitration commission on ex-Yugoslavia, Equity and State succession.
- Type of paper
: Paper in journal
Title: Continuity and Succession of States in respect of State
and Social Property
- Authors:
- Degan, Vladimir-Đuro (111411)
Journal: Financijska praksa
Number: 5
ISSN: 0350-5669
Volume: 17
Year: 1993
Pages: from 427 to 449
Number of references: 8
Language: hrvatski
Summary: Big social and economic changes in Eastern Europe sice 1989
have had so far dissimilar effects in various countries, from the aspect o
international law. In Poland, Romania, Bulgaria and Albania, all these
changes took place within their State boundaries, not affecting
international personality of respective States. Consequently, no problem of
State succession has arised. Former German Democratic Republic has merged
into the Federal Republic of Germany and it disappeared as a State, All its
State property, archives and debts have passed to the territorially
enlarged Federal Republic, not producing any particular legal problems in
practice. The most complex legal consequences have arised by the
dissolution of three former multinational communist Federations in Europe:
of Yugoslavia, Soviet Union and Czecho-Slovakia. But legal situation in the
territory of these three former Federations is also much different. While
all former Republics of the Soviet Union and of Czecho-Slovakia have
recognized the independence one of another within their actual borderlines
(with a minor exception of Estonia and Latvia in regard to the Russian
Federation), the "Federal Republic of Yugoslavia, (Serbia and Montenegro)"
is still perpetrating a war for territoral conquests in Croatia and in
Bosnia-Herzegovina. This state still hasn't recognized the indipendence of
Bosnia-Herzegovina, Croatia and Macedonia within their frontiers. It still
accuses these three new States and Slovenia for alleged "illegal secession"
from the former Socialist Federal Republic of Yugoslavia, of which it
claims full identity and continuity only for itself. It has peculiar claims
in respect to State and social ownership which should according to it be or
be not, the object of State succession, in disrespect of generally agreed
international norms in this domain. In spite of this highly irregular
situation of an aggressive war still in progress, and of attempts of the
F.R.Y. to hamper the process of State successsion, a special Working Group
on this isssue is acting within the International Conference on the Former
Yugoslavia. The Arbitration Commission, an organ of the Conference itself,
has issued so far fifteen Opinions on different legal problems. The largest
part of these Opinions deal directly with specific problems of State
succession, or are connected with it. The present text is in its largest
part based on Opinions of the Arbitration Commission. It deals in
particular with the following topics: relationship of international and
municipal law; State succession and reparation of war damages; the assets
and liabilities to be apportioned between successor States (the object of
State succession); the dates of the succession of States; legal nature of
rules set up in the 1983 Vienna Convention in Respect of State Property,
Archives and Debts; the negotiating framework as proposed by the
Arbitration Commission to the successor States of former Yugoslavia; legal
consequences of refusal by one or more successor States to cooperate;
equitable apportionment of State property and debts; and legal scope of
Opinions issued by the Arbitration Commission. The principles and advices
set up by the Arbitration Commission will facilitate the process of State
succession once a more cooperative Government comes into power in Serbia.
They can equally be of some importance for other cases of State succession,
first of all probably in the former Soviet Union.
Keywords: State succession, Customary process, Arbitration commission on ex-Yugoslavia, Equity and State succession.
- Type of paper
: Paper in journal
Title: Mixed International Jurisdictionsas the Last Instances in
Enforcement of Human Rights in Successor States of Former Yugoslavia
- Authors:
- Degan, Vladimir-Đuro (111411)
Journal: Studi senesi
Year: 1994
Pages: from 323 to 348
Number of references: 3
Language: engleski
Summary: This article deals with the material and procedural rules
set up in Chapter II of the draft Convention of 4 November 1991, as
proposed by the Conference on Yugoslavia. These provisions provided inter
alia the establishment of an international Court of Human Rights as a
common judicial body of all successor States of the former Yugoslav
Federation. Due to the refusal by Serbia and Montenegro to become its
party, this draft Convention has never entered into force and the common
bodies were not established. But the four other successor States
(Bosnia-Herzegovina, Croatia, Macedonia and Slovenia) have adopted by their
unilateral declarations the provisions from that draft Convention and they
became a part of their municipal law. That was one of conditions for
recognition of the independence of these States by member States of the
European Community. Within this article were discussed provisions from the
Croatian Constitutional law on human rights and freedoms and on the rights
of national and ethnic communities and minorities, and from the abolished
Vance-Owen plan for Bosnia-Herzegovina.
Keywords: Human rights, Minority rights, Jus cogens, Ethnic cleansing.
- Type of paper
: Paper in journal
Title: Some Legal Issues of the Boundary Delimitation with
Slovenia
- Authors:
- Degan, Vladimir-Đuro (111411)
Journal: Zbornik pravnog fakulteta Sveučilita u Rijeci
Number: 1
ISSN: 1330-349x
Volume: 16
Year: 1995
Pages: from 1 to 13
Number of references: 11
Language: hrvatski
Summary: The principle of uti possidetis as existing on 8 October
1991 is discussed as the legal basis for establishment of land frontiers
between Croatia and Slovenia. This basis is however inapplicable for
tracing of maritime boundary in the Bay of Pirano, because the former SFRY
has never delimited maritime areas between its federal entities, adjacent
to their coasts. Largely is discussed a claim originating from Slovenia for
its sovereignty over the entire maritime area of this Bay on the basis of
its alleged historic title. Finally are explained various modes of arbitral
and judicial settlement, in case that the respective parties do not reach a
mutually acceptable solution of their dispute by agreement.
Keywords: Frontiers, Maritime delimitations, Uti possidetis, Historic title, Arbitration.
- Type of paper
: Paper in journal
Title:
- Type of paper
: Paper in proceedings
Title: "Equity in Matters of State Succession"
- Editors
- MacDonald, Ronald St.John
Proceedings title: Essays in Honour of Wang Tieya
Language: engleski
Place: London, Velika Britanija
ISBN/ISSN: 0-7923-2469-2
Pages: from 201 to 210
Meeting: ne radi se o skupu nego o zborniku radova posvećenomkolegi Wang Tieya iz Pekinga
Keywords: Succession of States, Equity, State Property, State Archives, State Debts.
- Type of paper
: Paper in proceedings
Title: Opposable Situations in International Law
- Authors:
- Degan, Vladimir-Đuro (111411)
- Editors
- Perez Gonzalez, Manuel
- Sanchez Rodriguez, Luis Ignacio
- Fernandez Rozas, Jose Carlos
- Casanovas y La Rosa, Oriol
- Abellan Honrubia, Victoria
- Rodriguez Iglesias, Gil Carlos
Proceedings title: Hacia un nuevo orden internacional y Europeo
Language: engleski
Place: Madrid, panjolska
Year: 1993
ISBN/ISSN: 84-309-2333-0
Pages: from 231 to 243
Meeting: ne radi se o skupu nego o zborniku
Summary: Opposability is an outcome of recent developments in
international law. The author describes how this term has appeared first in
some French authoritative versions of judgements of the Hague Court,
before it has been adopted in its practice and in the doctrine. Various
types of unilateral acts were discussed from the aspect of sources of
international law. Notification is only a particular kind of unilateral
act. The genuine and autonomous source of international law are however
only promise, waiver and some acts creative of new legal rights for states
(occupatin of terra nullius, prescription and acts provided by the law of
the sea). Opposability is a notion which does not imply a duty to an active
action of a third State. If a State unilateraly acquires some new rights -
or even if it claims them unlawfully and without a valid title - an
opposable situation to another State perfectly suffices for its peaceful
enjoyment of that right or claim. These opposable situations can be created
by explicit or implied recognition and by acquiescence. On the other hand,
it is said that an act is not opposable to a third State, in a situation
when it perhaps does not contest its validity but is entitled to decline
all its legal effects in its own respect. Opposable situations can be the
most efficiently declined by various kinds of protest.
Keywords: Opposable situations, Recognition, Protest, Acquiescence, Waiver of rights.
- Type of paper
: Paper in proceedings
Title: Continuity and Succession of Sates in Respect of State and
Social Property
- Authors:
- Degan, Vladimir-Đuro (111411)
- Editors
- Stern, Brigitte
- Burdeau, Genevieve
Proceedings title: Dissolution, continuation et succession en Europe de l'Est
Language: francuski
Place: Paris, Francuska
Year: 1994
ISBN/ISSN: 2.7076.0635.9
Pages: from 273 to 302
Meeting: Dissolution, continuation et succession en Europe de l'Est-Succession d'Etats et relations economiques internationales
Held: from 10/07/93 to 10/08/93
Summary: Big social and economic changes in Eastern Europe since
1989 have had so far dissimilar effects in various countries, from the
aspect of international law. In Poland, Romania, Bulgaria and Albania, all
these changes took place within their State boundaries, not affecting
international personality of respective States. Consequently, no problem of
State succession has arised. Former German Democratic Republic has merged
into the Federal Republic of Germany and it disappeared as a State. All its
State property, archives and debts have passed to the territorially
enlarged Federal Republic, not producing any particular problems in
practice. The most complex legal consequences have arised by the
dissolution of three former multinational communist Federations in Europe:
of Yugoslavia, Soviet Union and Czecho-Slovakia. But legal situation in the
territory of these three former Federations is also much different. While
all former Republics of the Soviet Union and of Czecho-Slovakia have
recognized the independence one of another within their actual borderlines
(with a minor exception of Estonia and Latvia in regard to the Russian
Federation), the "Federal Republic of Yugoslavia (Serbia and Montenegro)"
is still perpetrating a war for territorial conquests in Croatia and in
Bosnia-Herzegovina. This state still hasn't recognized the independence of
Bosnia-Herzegovina, Croatia and Macedonia within their frontiers. It still
accusses these three new States and Slovenia for alleged "illegal
secession" from the former Socialist Federal Republic of Yugoslavia, of
which it claims full identity and continuity only for itself. It has
peculiar claims in respect to State and social ownership which should
according to it be, or be not, the object of State succession, in
disrespect of generally agreed international norms in this domain. In spite
of this highly irregular situation of an aggressive war still in progress,
and of attempts of the F.R.Y. to hamper the process of State succession, a
special Working Group on this issue is acting within the International
Conference on the Former Yugoslavia. The Arbitration Commission, an organ
of the Conference itself, has issued so far fifteen Opinions on different
legal problems. The largest part of these Opinions deal directly with
specific problems of State succession, or are connected with it. The
present text is in its largest part based on Opinions of the Arbitration
Commission. It deals in particular with the following topics: relationship
of international and municipal law; State succession and reparation of war
damages; the assets and liabilities to be apportioned between successor
States (the object of State succession); the dates of the succession of
States; legal nature of rules set up in the 1983 Vienna Convention in
Respect of State Property, Archives and Debts; the negotiating framework as
proposed by the Arbitration Commission to the successor States of former
Yugoslavia; legal consequences of refusal by one or more successor States
to cooperate; equitable apportionment of State property and debts; and
legal scope of Opinions issued by the Arbitration Commission. The
principles and advices set up by the Arbitration Commission will facilitate
the process of State succession once a more cooperative Government comes
into power in Serbia. They can equally be of some importance for other
cases of State succession, first of all probably in the former Soviet
Union.
Keywords: State succession, Customary process, Arbitration commission on ex-Yugoslavia, Equity and State succession.
Other: Rad je preveden na hrvatski jezik i pod naslovom "Kontinuitet
i sukcesija drava u pogledu dravne i drutvene imovine" objavljen u
Financijska praksa 1993, br.5, (Zagreb), str. 427-449.
- Type of paper
: Ph.D.
Title:
