Copyright (c) 2002 Denver Journal of International Law and Policy
Denver Journal of International Law and Policy
ARTICLE: THE DISSOLUTION OF YUGOSLAVIA AND THE FATE OF ITS FINANCIAL OBLIGATIONS +
+ This work is dedicated to my wife, Ludovica.
30 Denv. J. Int'l L. & Pol'y 173
The Crisis of Yugoslavia
The law of state succession
The difficult relation between state succession and its consequences
The dissolution of Yugoslavia and the fate of its financial obligations
The law of state succession is one of the most complicated issues in public international law. 1 Although it has been dealt with since the beginning of human interest in the field of relations among different political entities, 2 scholars, economists and politicians have seldom reached an agreement on what the real legal rules are on how to treat this phenomenon. This note will analyze the case of the succession of Yugoslavia and some of the problems raised by the disintegration of that country into separate republics, paying special regards to the fate of its financial obligations.
In order to address these concerns, the First Section will "set the stage", providing some relevant facts that occurred before the Yugoslav Federation broke up. The Second Section is an attempt to summarize the present "state of the law" regarding state succession and financial obligations (public debts). The Third Section will focus on the specific problem of the distinction between succession as a phenomenon of fact, on one side, and its consequences on the other, taking into account historical cases as well as more recent events in Central and Eastern Europe. Finally, the Fourth Section will deal with the fate of Yugoslav public debts in the aftermath of its dissolution: ...
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