ПОТРАЖИВАЊА ЈУГОСЛАВИЈЕ ПРЕМА НЕМАЧКОJ НА ОСНОВУ РАТНЕ ОДШТЕТЕ ПОСЛЕ ДРУГОГ СВЕТСКОГ РАТА
CLAIMS OF YUGOSLAVIA AGAINST GERMANУ ON THE GROUND OF WAR DAMAGES AFTER THE SECOND WORLD WAR

Summary/Abstract: The article deals with the notions of war damages and general substitution, as well as with claimed war damages of Yugoslavia regarding Germany (35,858 billion dollars), and the amount of means received by Yugoslavia until now on the ground of reparations, namely: from the Inter - Allied Reparations Commission dismantled German installations (valued at 35.786,118 dollars), and compensation for victims of medical experiments over living Yugoslav citizens (8.000,000 German marks). The author explains the postponement of regulation due to the provisions of the London and Paris conventions of 1953 and 1954. This is followed by legal analysis of so called Brioni Island formula, meaning two agreements on assistance in capital between the FR of Germany and Yugoslavia (Kapital Hilfe) of 1972 and 1974, on the ground of which Yugoslavia has received one billion marks. These agreements, however, do not mean renunciation these are usual, although favourable, agreements on credit - which is now paid in instalments. The interest for mutual economic cooperation is obvious but it can not swallow international - law obligations of Germany toward Yugoslavia on the ground of war damage and other claims originating in the war (the work of prisoners of war and interned persons, etc.). The claim of Yugoslavia is based on international conventions and customary rules. The author criticizes organized preparations in Yugoslavia to put into effect the above claim, especially after German unification which raises the possibility to finally settle this issue.

• Details
• Contents