Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not?
Following the dissolution of Yugoslavia, successor States concluded in 2001 the Agreement on Succession Issues, which aimed at resolving different issues arising from the break-up of the State. Specifically, Annex G of the Agreement regulated the issue of the protection of private property and acqui...
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| Format: | Article |
| Language: | English |
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Hrvatska Akademija Znanosti i Umjetnosti
2023-01-01
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| Series: | Poredbeno Pomorsko Pravo |
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| Online Access: | https://hrcak.srce.hr/file/451053 |
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| _version_ | 1823856429295992832 |
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| author | Vesna Crnić-Grotić Sandra Fabijanić Gagro Petra Perišić |
| author_facet | Vesna Crnić-Grotić Sandra Fabijanić Gagro Petra Perišić |
| author_sort | Vesna Crnić-Grotić |
| collection | DOAJ |
| description | Following the dissolution of Yugoslavia, successor States concluded in 2001 the Agreement on Succession Issues, which aimed at resolving different issues arising from the break-up of the State. Specifically, Annex G of the Agreement regulated the issue of the protection of private property and acquired rights of citizens and legal persons of ex-Yugoslavia, requiring their protection by the successor States. Before national courts of the successor States, as well as before international judicial and arbitral bodies, there has been a number of proceedings in which physical and legal persons claimed violation of their protected rights. The principal legal issue in the course of those proceedings was whether the said Annex G constituted a self-executing treaty, apt for application without any further measures being taken, or if it was a non-self-executing one, creating a legal obligation, but not being automatically applicable and justiciable in courts. The question of whether or not an agreement is self-executing depends primarily on its own provisions and their interpretation, in accordance with the 1969 Vienna Convention on the Law of Treaties. By applying the Vienna Convention and examining the relevant national and international case law, the authors conclude that Annex G is not self-executing. |
| format | Article |
| id | doaj-art-62aaf87d3d424a23a270e23179207c07 |
| institution | Kabale University |
| issn | 1331-9914 1848-8927 |
| language | English |
| publishDate | 2023-01-01 |
| publisher | Hrvatska Akademija Znanosti i Umjetnosti |
| record_format | Article |
| series | Poredbeno Pomorsko Pravo |
| spelling | doaj-art-62aaf87d3d424a23a270e23179207c072025-02-12T09:05:57ZengHrvatska Akademija Znanosti i UmjetnostiPoredbeno Pomorsko Pravo1331-99141848-89272023-01-01621779512110.21857/y54jofvp6mAnnex G of the 2001 Agreement on Succession Issues: Self-executing or Not?Vesna Crnić-Grotić0Sandra Fabijanić Gagro1Petra Perišić2University of Rijeka, Faculty of Law, Rijeka, CroatiaUniversity of Rijeka, Faculty of Law, Rijeka, CroatiaUniversity of Rijeka, Faculty of Law, Rijeka, CroatiaFollowing the dissolution of Yugoslavia, successor States concluded in 2001 the Agreement on Succession Issues, which aimed at resolving different issues arising from the break-up of the State. Specifically, Annex G of the Agreement regulated the issue of the protection of private property and acquired rights of citizens and legal persons of ex-Yugoslavia, requiring their protection by the successor States. Before national courts of the successor States, as well as before international judicial and arbitral bodies, there has been a number of proceedings in which physical and legal persons claimed violation of their protected rights. The principal legal issue in the course of those proceedings was whether the said Annex G constituted a self-executing treaty, apt for application without any further measures being taken, or if it was a non-self-executing one, creating a legal obligation, but not being automatically applicable and justiciable in courts. The question of whether or not an agreement is self-executing depends primarily on its own provisions and their interpretation, in accordance with the 1969 Vienna Convention on the Law of Treaties. By applying the Vienna Convention and examining the relevant national and international case law, the authors conclude that Annex G is not self-executing.https://hrcak.srce.hr/file/4510532001 agreement on succession issuesannex g, successor statesself-executing treaty1969 vienna convention on the law of treatiescase law |
| spellingShingle | Vesna Crnić-Grotić Sandra Fabijanić Gagro Petra Perišić Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not? Poredbeno Pomorsko Pravo 2001 agreement on succession issues annex g, successor states self-executing treaty 1969 vienna convention on the law of treaties case law |
| title | Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not? |
| title_full | Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not? |
| title_fullStr | Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not? |
| title_full_unstemmed | Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not? |
| title_short | Annex G of the 2001 Agreement on Succession Issues: Self-executing or Not? |
| title_sort | annex g of the 2001 agreement on succession issues self executing or not |
| topic | 2001 agreement on succession issues annex g, successor states self-executing treaty 1969 vienna convention on the law of treaties case law |
| url | https://hrcak.srce.hr/file/451053 |
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