Sukcesija SFR Jugoslavije u odnosu na državne arhive

Dimitrijević, Duško (2014) Sukcesija SFR Jugoslavije u odnosu na državne arhive. Pravni život, LXIII (12). pp. 249-262. ISSN 0350-0500

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Abstract

Although State archives originally constituted part of the State property, with their special nature and function, in fact they represent special case in the context of succession of States. In this paper, the author firstly analyzes the meaning of archives in archival science and international law. Starting from the solutions accepted by the Convention on Succession of State Property, Archives and Debts of 1983, the author has analyzed the solutions in the Annex “D” of the Agreement on succession issues of the SFR Yugoslavia concluded at Vienna on 29 June 2001. So called “umbrella Agreement” consist specific provisions with respect to division State archives between five Yugoslav successor States. The Agreement built cooperation mechanism for achieving it effective implementation and for resolving possible disputes. It provides safeguard clauses in respect of protection of archives in which, successor States may have an interest. The parties declare their readiness to cooperate in resolving outstanding succession issues in accordance with general international law, especially with regard of dispositive rules and principles of the 1983 Vienna Convention which one of the basic elements is the unlimited passing of archives that principally or exclusively relate to the territory to which the succession of States relates and passing of archives in an equitable manner, taking into account all relevant circumstances (principles of territorial origin or provenance, functional pertinence, etc.). With respect to the solutions adopted in the Agreement it can be concluded that it largely follows the rules set out in the 1983 Vienna Convention, and the general principles of the right of peoples to cultural heritage, development, and information about its history.

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