1991

1st Opinion on Yugoslavia

27 August 1991, Following the eruption of civil war in SFRY, the European Community convened a Peace Conference on Yugoslavia, & created and Arbitration Committee chaired by Robert Badinter, president of the French Constitutional Court 20 November 1991 Lord Carrington, president of the Conference on Yugoslavia asked the Committee to formulate an opinion on: Serbia considers that those republics which have declared independent have seceded from SFRY which would continue to exist The other republics considerer that there is no question of secession but desintegration of SFRY as a result of the concurring will of its member republics. The six republics must me considered equal successor, any of them being able to claim to be the continuation thereof

The existence or disappearance of the state is a question of fact; the effects of recognition by other states are purely declaratory. State is a community which consists of a territory and population subjected to organised political authority, the state is characterised by sovereignty In case of federal-type state, federal organs represent the components of the Federation and wield effective power State succession means the replacement of one state by another in the responsibility for the international relations of territory, peremptory norms of general IL, fundamental rights or individuals, peoples and minorities, are binding on all the parties to the succession. Although the SFRY has until now retained its international personality, notably inside international organisations, the republics have expressed their desire for independence: Slovenia, referendum December 1990 Croatia, referendum May 1991 Macedonia, referendum September 1991 Bosnia Herzegovina, parliament resolution October 1991 The composition and working of the essential organs of the Federation, no longer meet the criteria of participation and representatives inherent in a federal state SFRY is in process of dissolution