Implementation of the Agreement on the Succession of the former SFRY
Implementation of the Agreement on the Succession of the former SFRY

Summary/Abstract: The process of state succession, according to the rules of classical international law and the dominant theory of universal succession taken from Roman law, is inconsistent due to the sources of international law that regulate it. To standardize the practice of dealing with predecessor states and successor states in cases of succession, two international conventions were adopted: the Convention on the Succession of States Concerning International Treaties in 1978 and the Convention on the Succession of States Concerning State Property, Archives, and Debts in 1983. Although the former convention entered into force in 1996, the latter one never did. However, both conventions attempted to standardize the way succession cases are handled under international law. In the case of the former Socialist Federal Republic of Yugoslavia (SFRY), the process of succession following unconstitutional secession became highly politicized, particularly after the fall of the Berlin Wall in 1989. The instrumentalization of international public law for political purposes in this case is still relevant today, as it highlights the politicization of international relations and legal norms. The Succession Agreement, signed in 2001 was a positive step towards fairly dividing the assets and liabilities of the SFRY among the successor states. However, even 23 years after its signing, this process has not been completed. Furthermore, there have been violations of basic human rights by Croatia and Slovenia regarding the succession of acquired rights of former citizens of the SFRY, despite these countries now having the status of EU members. The conclusion suggests the necessity of further cooperation and the solving of key issues to achieve stability and prosperity in the region.

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