Međunarodnopravni kontinuitet na teritoriji Jugoslavije u periodu od 1941.-1945. i nakon Drugog svetskog rata
International Legal Continuity in the Territory of Yugoslavia in the Period 1941-1945 and After the World War Ii

Author(s): Vladimir Čolović
Subject(s): Political history, WW II and following years (1940 - 1949), Post-War period (1950 - 1989), Politics and Identity
Published by: Institut za uporedno pravo
Keywords: state; continuity; identity; succession; Yugoslavia; ISC (Independent State of Croatia); international treaty
Summary/Abstract: The issue of international legal continuity is, in Yugoslavia, raised several times during its lifetime. The international legal continuity assumes a continuation of the same state after the key or crucial events in that country. This institute is connected with the change of sovereignty in a country, as well as with notions of identity and the succession of states. The international legal continuity, as a concept, is similar to the concept of state identity, while different from the succession. However, we can not talk about international legal continuity, not to mention the succession. The paper discusses the international legal continuity of Yugoslavia during World War II, as well as the continuity of the Federal People Republic of Yugoslavia in relation to the Kingdom of Yugoslavia. Special attention is paid to the status of the Independent State of Croatia, which was created on the territory of the Kingdom of Yugoslavia during the Second World War. In particular, it defines the status of international agreements in these conditions. The general rule is that international treaties of the state that previously existed, does not transfer automatically to the new state. Also, the paper lists some examples from the other states in the conditions of the changes of sovereignty. Finally, the author assesses the continuity of the Federal Republic of Yugoslavia and the State Union of Serbia and Montenegro in relation to SFRY.

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