Socialist Federal Republic Of Yugoslavia Research Articles

Confederation and federation in the general theory of law and state and in positive law (part one)

Scientific interest in issues concerning federalism, which implies determining the difference between a confederation (a union of confederal states) and a federation (a federal state comprising federal entities) seems to have disappeared after the dissolution of the Socialist Federal Republic of Yugoslavia in 1992, the country which had existed in the period from 1945 to 1992 under different names: the Democratic Federal Yugoslavia (DFY), the Federal Peoples' Republic of Yugoslavia (FPRY), and finally the Socialist Federal Republic of Yugoslavia (SFRY). Although a number of other confederations or federations (notably, the Soviet Union and Czechoslovakia) ceased to exist in the 20th century, history bears witness of the establishment of two important associations of states: the United Nations Organisation (UN) and the European Union (EU). They are highly significant for Serbia, which is a member state of the UN and cherishes close cooperation with the EU. However, the dissolution of the SFRY has not resolved some important issues among its former member states. The basic postulate of these problems is the fact that the Federal Peoples' Republic of Yugoslavia (FPRY as 'the second Yugoslavia') is not the successor state of the Kingdom of Yugoslavia ('the first Yugoslavia') because 'the first Yugoslavia' was never dissolved, i.e. its international personality did not cease to exist; namely, the 'second Yugoslavia' is only the continuator state (ensuring the continuity of the state in the territory of its predecessor), just as the Kingdom of Yugoslavia was the continuator state rather than the successor state of the Kingdom of Serbia. Hence, the problem comes down to the identity of legal subjects. The essential difference between a confederation and a federation are as follows: 1) confederation member states may autonomously decide whether they would act independently abroad (e.g. to maintain diplomatic relations, to conclude international agreements, etc.); on the other hand, federal entities (members of a federation) do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant) by the central (federal) government; 2) the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3) confederation member states, in principle, have the secession right (ius secessionis) to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public) is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty), whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state). The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY) was actually a confederation (despite its official title). However, this conclusion raises the question of borders between its former member states, particularly considering that these (FPRY) borders were not established by any international treaty. Given the fact that there is legal continuity between the Kingdom of Serbia, the 'First Yugoslavia' (Kingdom of Yugoslavia) and the 'Second Yugoslavia' (FPRY), the solution must be sought in the process of restitution, which implies a return to a prior state of affairs that existed before the creation of the (first) Yugoslav state.

Republic of Croatia v. Republic of Serbia

429Jurisdiction — Justiciability — Non-justiciability — Abstention of English courts from adjudicating on transactions of foreign States — Interpretation of unincorporated treaties beyond the interpretative jurisdiction of English courts — Exceptions — Protective measures to maintain status quoRelationship of international law and municipal law — Act of State — Justiciability — Dismemberment of States — Rights, obligations, liabilities and assets of successor States — Dismemberment of Socialist Federal Republic of Yugoslavia — Agreement on Succession Issues, 2001 — Justiciability in English courtsState succession — Dissolution of States — Dismemberment of Socialist Federal Republic of Yugoslavia — Successor States — Succession to assets and liabilities of SFRY — Whether justiciable in English court — The law of England

Comparative Analysis on the Contribution of the EU Pre-Accession Funds to Montenegro and the Republic of Macedonia in the Sector of Social Inclusion for the Period 2007-2013

Since the dispersion of the Socialist Federal Republic of Yugoslavia, the European Union (EU) has been providing financial assistance to the Western Balkans countries through various pre-accession programmes with various objectives. From January 2007 onwards, the Instrument for Pre-Accession Assistance (IPA) replaced all EU's financial instruments for candidate and potential candidate countries. One of the main strategic priorities of the assistance under the IPA is to reinforce social inclusion, with a view to their sustainable integration of people at a disadvantage in the labour market. The least populous candidate countries for the EU membership in Western Balkans countries, Republic of Macedonia and Montenegro have been facing high unemployment rates and the large scale migration of vulnerable groups after the dispersion of the Socialist Federal Republic of Yugoslavia. This thesis aims to evaluate the effectiveness of the resource allocations to the sector of social inclusion in the Republic of Macedonia and Montenegro under the IPA in achieving the priorities identified by the Operational Programmes for Human Resources Development for the Republic of Macedonia for the period 2007-2013 and for Montenegro for the period 2012-2013. The results indicate that limited progress has been made on social inclusion in both countries and social inclusion strategies still need to be addressed.

The crucifixion of the national elite

Since the reaching of three decades of 'SANU Memorandum' affair (1986.), was the occasion to actualize and re-examine the role of the Serbian intelligentsia in political processes, in the early 2017 one more significant date happened - eight decades of appearance of Serbian Political Club (1937). As still today, one unofficial and incomplete document by a group of Serbian academics, on the eve of the dissolution of the Socialist Federal Republic of Yugoslavia, by which SANU intended to draw the attention of the Yugoslav and Serbian public to the crisis of the common state - is presented as scandalous and conspiratorial project. In the same way is evaluated the reaction of leading Serbian intellectuals on the eve of the dissolution of Kingdom of Yugoslavia - after the assassination of King Aleksandar, the rise of ustashe, the creation of the Croatian 'Banovina' and the fear sparked by the outbreak of World War II. How has the intellectual elite of the Serbian people, from the beginning of the 20th century to the present, found itself facing the double the charges for - on one hand - insufficient participation in political life, little or no announcements or critical reasoning, that its members are instead of general and national issues, concerned with particular interests, that they have become non-national, even anti-nationally oriented, while on the other hand - political, media, religious and scientific authorities of the immediate environment accuse them for full management of the political processes, that they shape ideologies, define guidelines and dictate instructions of. 'Greater Serbia' policy?.

Remembering and forgetting the SFR Yugoslavia. Historiography and history textbooks in the Republic of Macedonia

AbstractThis article analyses the interpretations and symbolic markers of the ‘new’ memory created in the Republic of Macedonia in the past few years. The question the authors raise concerns how images of the Socialist Federal Republic of Yugoslavia have been thematized or, likely, left to disappear into oblivion. Analysis of post-1991 historiography and history textbooks in Macedonia suggests that the main waves of change in the historical narrative have all followed the same general lines although not simultaneously. There have been other, minor factors, but the major changes in both domains have been related to the independence of the country, its aspirations to join the EU, and the rise of nationalism.

ІНФОРМАТИВНІ МОЖЛИВОСТІ ВИВЧЕННЯ ІММІГРАЦІЙНОЇ ПОЛІТИКИ КАНАДИ НА СУЧАСНОМУ ЕТАПІ

Immigration is very important in modern society. Different countries and their governments are faced with challenges caused by waves of immigration. Thousands of refugees and immigrants with different backgrounds are looking for their new home. As a result, a number of European states are going through a crisis of multiculturalism and tolerance. Therefore processes of the mass relocation need to be studied. Both practices of successful and unsuccessful immigration policy are important for researchers. The same is true of studying the policy of diversity and multiculturalism. Thus, there were failures of the politics of “Melting pot” in the former socialistic states. For instance, there was the Socialist Federal Republic of Yugoslavia with the idea of “Yugoslavian people”. Similarly, there was the idea of creating “Soviet people” in the USSR. In contrast, there was also successful immigration and multicultural policy. Besides, researchers should explore the regions where thousands and millions of immigrants and refugees have created a multi-ethnic society with different cultural, religious, linguistic traditions etc. But the diversity in these countries did not lead to conflicts within the society. Studying successful experience could give us an opportunity to understand the way of reaching tolerance in this multicultural world. One of the regions with successful experience is the Canadian Federation. Owing to the development of its own immigration policy in the 1960s, the Canada gave a new life to immigrants and refugees from different regions. In this paper the attention is paid to the review of the informative possibilities for researching Canada’s state policy in the fields of immigration and constructing of multicultural society in 1976-2012. It was made an attempt to classify the main groups of sources which help to research basic signs and features of the formation and implementation of the Canadian state policy in both fields. The article is mainly focused on the materials which are available on various Web-sites. The informative possibilities of materials for studying of Canadian policy towards immigrants and refugees are indicated.

The role of the Director Zmago Slokan in the development of Maribor General Hospital in the first period after the Second World War (1953-1970).

The author explores and explains the role of the director of Maribor General Hospital in the first period after Second World War. The period was problematic on account of the difficult economic situation and changes in the political system. On one hand the hospital suffered relatively large damage due to bombing attacks during the war and on the other it had to face numerous staffing problems, especially with a lack of physicians and trained nursing staff (from 1948 an executive order entered into force forbidding the nursing nuns from performing nursing care in hospitals). The change in the political system required the management of the hospital to be taken over by an individual who enjoyed the political, professional and economic trust of the then authorities. Based on his engagement during the Second World War, the director, Zmago Slokan, represented a form of guarantee for the political system of that time, which nevertheless wanted the quality-based, professional and economic progress of the hospital. Using his personal characteristics, professional medical and economic knowledge as well as political experience, he was able to manage different tendencies to continue the quality-based progress of the institution. Thus, he set a proper foundation for its development in the periods that followed, in the Socialist Federative Republic of Yugoslavia as well as in the independent Republic of Slovenia (after 1991). The author discusses the role of the director in the hospital's progress chronologically.

In the Eyes of the Collapsing Empire: Yugoslavia’s Disintegration and Slovenian Independence as seen through Russian Diplomatic Sources (1990–1992)

AbstractIt is of critical importance for every newly established state to receive international recognition. The Soviet Union strongly supported the unity and territorial integrity of the Socialist Federal Republic of Yugoslavia and considered the latter’s break-up within the context of its own disintegration. The article sets out Slovenia’s efforts to gain Russian recognition of Slovenian independence and sovereignty, as described in Soviet and Russian diplomatic sources, official statements and comments from academic circles. It aims to demonstrate that Moscow’s decision on this subject was the result of the momentary overlapping of various international developments along with a new Russian foreign policy strategy (which changed frequently and was, thus, exceptional in the Russian foreign policy tradition). Especially important in this context were the internal political tensions in the Russian Federation after the collapse of the Soviet Union.

The Scientific Community: Creating a Language to Deal with the ‘Everyday Geopolitics’ of Neoliberal ‘Transition’ in Post-Socialist Serbia

In this article, I focus on the ways in which a particular group of people – astrophysicists in Belgrade, Serbia, alongside whom I conducted a year of ethnographic fieldwork in 2008 and 2009 – responded to the collapse of the Socialist Federal Republic of Yugoslavia. I argue that the conditions and effects of neoliberalising processes occurring in economic centres of the global world system affected scientists in Serbia before neoliberal modes of governmentality surfaced in this state. I pay particular attention to a trope I often came across, namely the reference to a supranational ‘scientific community’. I consider how this term was mobilised with reference to the context of scientific and economic isolation during a portion of the 1990s, when a trade embargo and sanctions preventing formal international collaborations shaped scientists’ everyday experiences. Yet, I argue, isolation also reflected the uneven distribution of opportunities for scientific endeavours emerging out of global neoliberalisation processes and resistance to them. Opportunities reached scientists in various parts of the former Yugoslavia at different speeds, a situation that was experienced as a hindrance for many scientists committed to living and working in the region. It is against this historical backdrop of isolation that I suggest scientists began to invoke their belonging to a supranational ‘scientific community’.

Sukcesja państw po rozpadzie Socjalistycznej Federacyjnej Republiki Jugosławii

The Socialist Federal Republic of Yugoslavia ceased to exist in 1991, though some topics concerned with the succession of its constituent states were not regulated for a long time afterwards. This issue and the efforts to solve it were examined by the Arbitration Commission of the Peace Conference on the former Yugoslavia. When answering all the related questions, the Arbitration Commission used as a basis the 1978 Vienna Convention on the Succession of States in respect of Treaties and the 1983 Vienna Convention on the Succession of States in respect of State Property, Archives and Debts. The final solution to the problem of SFRY succession was found in 2001 when the Agreement on Succession Issues was signed, although it came into force three years later. There were no problems with the succession of citizenship. Under the 1974 Constitutional Act of SFRY, there were two citizenships in the federation – federal and republican. Therefore, after the breakup of Yugoslavia, republican citizenship became the citizenship of a new state.

(Re)Shaping History in Bosnian and Herzegovinian Museums

The current article explores how political changes in the past 130 years have shaped and reshaped three major museums in Bosnia and Herzegovina (BiH). The overall aim is to describe structural processes of national museum building in BiH and the ways the museological representation of history is connected to state and nation making and to political transitions and crises. The analysed museums are the National Museum of BiH, the History Museum of BiH, and the Museum of the Republic of Srpska. The source material analysed consists of the directories and the titles of exhibitions; secondary material, which describes previous exhibitions; and virtual museum tours. The article illustrates that during the Austrian-Hungarian Empire, which established the National Museum in 1888, the museum played an important part in the representation of Bosnian identity (bosnjastvo). After World War II, in the Socialist Federal Republic of Yugoslavia, all three analysed museums were summoned to interpret the past in accordance with the guidelines of the communist regime. Since the 1990s, a highly ethnicized process of identity building and of the musealization of heritage, and history permeates all three museums analysed here. When it comes to the central exhibition-themes following the 1990s war, one could conclude that whereas the National Museum and the History Museum highlight the recent creation of an independent BiH and ostracize BIH-Serbs, the Museum of the Republic of Srpska asserts the ostensible distinctiveness of the Republic of Srpska and excludes the narratives about BiH as a unified and independent nation-state. If an agreement about the future of BiH and its history is to be reached, a step towards multi-vocal historical narratives has to be made from both sides.

International Administration of Kosovo as a Driving Factor in Appearance of Trafficking in Human Beings

Opinions, stances of the Albanian community about self-determination and the political demands for an independent political and territorial status of Kosovo by various colonial regimes, are longstanding. The disintegration of the Socialist Federal Republic of Yugoslavia (SFRY) was followed with wars among its constituent parts, and after the international military intervention, the peace was established in the region. By the Resolution 1244 of the Security Council of the UNO, in its 4001 meeting, adopted in June 1999, Kosovo was set under the international civil administration, which was accompanied by the deployment of military defence structure of KFOR, reaching a number of 35 000 soldiers, and the UNMIK civilian structure comprising a staff of 15 000 officials. A lot of various international non-governmental and governmental organizations were also deployed to Kosovo, which tremendously increased the presence of persons with origin of other countries. Such a situation created some favourable conditions for the criminal groups in order to expand the phenomenon of trafficking in persons to such a place as Kosovo being until 1999, trafficking in persons appeared on a low capacity and dynamics, and mainly as a transitional country with the intent of sexual use, while domestic trafficking was still unknown. However, this criminal phenomenon has been constantly increasing and reaching a concerning level, especially after 1999, on the occasion of setting Kosovo under the international administration by the UNO, the territory of Kosovo was no longer considered only a transitional country but also as destination location for the victims of trafficking in persons. The introduction and prevalence of this criminal phenomenon is as a result of Kosovo getting opened to the world, the organization of national criminal groups in cooperation with international organized criminal network. Undoubtedly, the increased number of persons originating from other countries as personnel of the international organizations to Kosovo contributed in increasing the number of trafficking in persons, because it was established that many potential clients using victims sexually were foreign citizens. Moreover, the lack of legal infrastructure on the combat and prevention of trafficking in persons as defined by international legal acts. DOI: 10.5901/mjss.2015.v6n2s5p315

The emergence and evolution of the idea of discharge or modification of contract due to supervening events

In this paper the author gives an overview of the emergence and evolution of the idea of discharge or modification of contract due to supervening events, from Roman to contemporary law, with special emphasis on the evolution of the doctrine and its development as a legal institution in the European legislation or case law. The institution of changed circumstances (supervening events) allows the discharge or (judicial) modification of a contract in a situation when the performance of an obligation has not become impossible, but it would require unreasonable costs or the performance would be inexpedient, hence it is considered one of the most striking exceptions to the principle of pacta sunt servanda. It belongs to the group of a very few institutions in relation to which one cannot claim to have direct and clear roots in Roman law. In the works of learned lawyers one may find only sporadic traces of it. In contrast to Roman legal science, Roman philosophy was more favourable to the theory of supervening events, a fact very well proven by the works of Cicero and Seneca. In the late Middle Ages the canonists and, especially, postglossators gave the greatest contribution to the evolution of the theory of supervening events. The school of postglossators considered supervening events a general legal institution, tacitly implied in every legal statement constituting obligation. The ideas of postglossators left a great impact on further evolution of the theory. Even the designation of the institution, clausula rebus sic stantibus, generally accepted in contemporary literature, derives from them. In the period following the postglossators' time, lasting until the end of the 18th century, there is still an interest in the theory of supervening events in literature. However, under the influence of the school of natural law a somewhat restrictive approach is adopted, in the German doctrine in the first place, according to which the clausula rebus sic stantibus should not be implied in all contracts, but applied exceptionally, if specific conditions are met. The first European civil codes, the Bavarian, Prussian and Austrian, do regulate the effect of supervening events explicitly, in content which is, in general, in line with these theoretical standpoints. It seems that in the 19th century legal science nearly abandoned the idea of supervening events, which could be considered as a consequence of the inviolable primacy of the tenet of pacta sunt servanda, at the time. In line with that, the most important civil codes of this era, such as the French, German and Swiss did not govern the effect of supervening events as a general legal institution. The institution of supervening events is gradually accepted in the case law after the First World War, while the period after the Second World War is heralded by the tendency of its statutory regulation. The ever-growing number of states that regulated supervening events as a general legal institution of contract law included the former Socialist Federative Republic of Yugoslavia, too, as well as the Republic of Serbia and the other states that were once members of the common, South Slavic federal state.

Surrogate motherhood in laws of Serbia (de lege lata and de lege ferenda) and Republic of Macedonia

The author in this paper studies the normative approach of Serbian legislator with regards to surrogate motherhood, which was banned by the Act on Infertility Treatment with Biomedically Assisted Fertilization from 2009 that is still in force. Whilst taking a critical stance towards such legislative solution, the author emphasizes significance of and justification for the novelty proposed in the Pre-Draft of Serbian Civil Code, which foresees introducing contracts on giving birth for another into Serbian law, i.e. allows for surrogate motherhood in domestic law. In light of this, particular focus is placed on the analysis of the proposed solutions, which refer to conditions for the application of this method of bio-medically supported fertilization, as well as its consequences in the light of family law and inheritance law. Bearing in mind the fact that surrogate motherhood has been permitted in the territory of former Socialist Federal Republic of Yugoslavia, namely in the Macedonia, the author shall also examine relevant aspects of its legal regulation in that state. Basing the arguments on the solutions proposed in the Pre-Draft of Serbian Civil Code and current solutions in the laws of Macedonia, while also giving a brief overview of the legislation on this matter in other legal systems, the author offers suggestions as to the manner in which surrogate motherhood ought to be regulated in Serbian law de lege ferenda.

The History of Money in Montenegro

Abstract The paper depicts the history of using money in Montenegro covering the period before the Christ until nowadays. Montenegro mostly used foreign currencies throughout its long history, these being Roman, Austro-Hungarian, Turkish, Venetian, and even the Napoleon (French gold coin) money. The first ideas for Montenegro’s own money came from the Bishop Petar Petrovic Njegoš in the 19th century. The first Montenegrin money, the Perper, was minted in 1906. The King Nikola`s Decree as of 11 April 1906 authorized the Ministry of Finance to mint the nickel and bronze coins. Silver and gold coins were minted later. The Perper disappeared from the scene with Montenegro’s joining the Kingdom of Serbs, Croats and Slovenes, putting into circulation the Dinar, a currency of the newly established state. Montenegro, being a part of the Socialist Federal Republic of Yugoslavia, used the Dinar as its currency after World War II until 1999. Dual currency system consisting of the German Mark and the Dinar was introduced in late 1999, whereby the German Mark became the only legal tender in 2001. With the introduction of the Euro the German Mark was replaced and the Euro became the official means of payment.

CHANGES IN PATTERN OF SECOND HOME DEVELOPMENT IN COUNTRIES ARISING FROM SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA

Intense construction of second homes in Socialist Federal Republic of Yugoslavia (hereafter referred as ex-Yugoslavia) started in 1960‘s. Acquisition of second homes was affordable for wide range of ex-Yugoslav citizen population due to low prices of land and real estate, as well as favourable loan conditions from state owned banks. Motivation for ownership was different – spending family holidays, which was more affordable in comparison to hotel accommodation, and investment in real estates in period of unstable ex-Yugoslav economy, represented by high inflation rates and variable currency. Predominant type of second home units was family vacation house, usually built in self-managed construction. In the moment of disintegration of common state in (and after) the year 1991, countries were at considerably different stage of development. Wars that followed even deepened the national and regional differences, which can be observed also in different second home development in new independent states. Due to private building entrepreneurship, most popular second home areas were faced with a new type of secondary residences – multi-apartment recreational buildings, often used as commercialized accommodation capacities. In the same time, prices of second homes have increased; therefore they became a privilege only for higher class. We can conclude that second home development pattern in exYugoslav countries in the last 50 years has changed from affordable to exclusive phenomenon. From the mentioned context, the main goal of the paper arises: to compare the pattern of second home development in ex-Yugoslavia countries before and after the fall of common state. Apart from literature overview, interpretation of official available census data (1971-2011) on the national level will be given. Special emphasis on changing socio-economical context of the second home development in Croatia and Slovenia will be presented.

The context of media spectacle under the circumstances of social crisis

From the perspective of a predominantly hegemonic discourse, the paper addresses the issue of what happens to the meaning of media contents when the ideological aspect of message coding is unclear. The paper analyses the processes caused by the media context in contact with active audience under the circumstances of social crisis, on the example of the media spectacle of the state ideological apparatus of the Socialist Federal Republic of Yugoslavia in 1987 - the Youth Day.

Pamięć i zapomnienie a dziedzictwo Jugosławii. Przypadek chorwackiej i serbskiej literatury emigracyjnej - rozpoznania wstępne

Analysis of biographies of writers who, during the recent wars in the former Yugoslavia, have left their homeland, will serve to debate on the problem of the legitimacy of the contemporary category „exile literature”. An attempt to solve this dilemma becomes a starting point for discussion on strategies of remembering and forgetting the heritage of Socialist Federal Republic of Yugoslavia.

Kurić and Others v. Slovenia & Kurić and Others v. Slovenia (Just Satisfaction) (Eur. Ct. H.R.)

The dissolution of the Socialist Federal Republic of Yugoslavia (SFRY) brought in its wake massive bloodshed, as well as human rights violations not seen on the European continent since the end of the Second World War. It probed the boundaries of contemporary international law in numerous ways, including providing the first “field tests” of the doctrine of “responsibility to protect,” which may turn out to be the biggest challenge to the notion of state sovereignty posed in centuries.

Rolf in Slovene Woods. The Classic Work of the Scout and Woodcraft Movements in a Pre-Socialist and Socialist Translation

The article investigates the mechanisms of self-censorship at work in translations of children’s literature in a Socialist state: the Socialist Republic of Slovenia that used to be a constituent part of the Socialist Federal Republic of Yugoslavia. The survey of the historical period shows that the Communist-led regime in the first decade after the Second World War systematically focussed on ideological (re)education of children, in particular it attempted to eradicate the influence of Christian religion. This ideological struggle is often clearly visible in retranslations of children’s literature that were created in this period. In this article the translational expression of the Socialist ideological imperative is then analysed by comparing two Slovene translations of the work for juvenile audience Rolf in the Woods by the founder of the Boy Scouts of America, Ernest Thompson Seton: the first translation was created before WWII, the second soon after it.