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Encyclopedia > Arbitration Commission of the Peace Conference on the former Yugoslavia

The Arbitration Commission of the Peace Conference on the Former Yugoslavia (commonly known as Badinter Arbitration Committee) was a commission set up by Council of Ministers of the European Economic Community in 1991 to provide Peace Conference on the Former Yugoslavia with legal advice. Robert Badinter was elected as President of the Commission by the four other members, all presidents of Constitutional Courts in the EEC. The Arbitration Commission has rendered eleven advices on "major legal questions" arisen by the split of the SFRY.[1] Arbitration is a final and binding dispute resolution process. ... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ... Robert Badinter (born March 30, 1928) is a French politician (after being a high-profile criminal lawyer and a university professor in Law). ... A Constitutional Court is a high court found in many countries which deals primary with constitutional law. ... The Socialist Federal Republic of Yugoslavia was a Balkan state that existed from 1945 to 1992. ...

Contents


Opinions

During it's existance, the Arbitration Commission responded to several inqieries by president of Peace Conference on the Former Yugoslavia, Lord Carrington. The Right Honourable Peter Alexander Rupert Carington, 6th Baron Carrington, KG, GCMG, CH, MC, PC,DL (born 6 June 1919) is a British Conservative politician and served as British Foreign Secretary between 1979 and 1982 and as Secretary-General of NATO from 1984 to 1988. ...


Dissolution of SFRY

On 20 November 1991 Lord Carrington asked whether some republics seceded from SFRY, which continued to exist (as Serbia claims) or did SFRY disintegrated and all of the republics are equal successors to the SFRY. Among others, the commission concluded that "the Socialist Federative Republic of Yugoslavia is in the process of dissolution".[2] November 20 is the 324th day of the year (325th in leap years) in the Gregorian Calendar. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ... Secession is the act of withdrawing from an organization, union, or political entity. ... Motto: none Anthem: Bože Pravde Capital Belgrade Largest city Belgrade Official language(s) Serbian1 Government Republic  - President Boris Tadić  - Prime Minister Vojislav KoÅ¡tunica Formation and independence    - Formation of Serbia 814   - Formation of the Serbian Empire 1345   - Independence from the Ottoman Empire July 13, 1878   - Serbia and Montenegro union... Succession is the act or process of pooing or of following in order or sequence. ...


Right to self-determination

On 20 November 1991 Lord Carrington asked: "Does the Serbian population in Croatia and Bosnia-Herzegovina, as one of the constituent peoples of Yugoslavia, have the right to self-determination?" Among others, the commission concluded that "that the Serbian population in Bosnia-Herzegovina and Croatia is entitled to all the rights concerned to minorities and ethnic groups[...]" and "that the Republics must afford the members of those minorities and ethnic groups all the human rights and fundamental freedoms recognized in international law, including, where appropriate, the right to choose their nationality".[2] November 20 is the 324th day of the year (325th in leap years) in the Gregorian Calendar. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ... Serbs (Serbian: Срби, Srbi) are a South Slavic people who live mainly in Serbia, Montenegro, Bosnia-Herzegovina, and, to a lesser extent, in Croatia. ... Bosnia and Herzegovina (also variously written Bosnia-Herzegovina, Bosnia and Hercegovina, Bosnia-Hercegovina) is a mountainous country in the western Balkans. ... Self-determination is a principle in international law that a people ought to be able to determine their own governmental forms and structure free from outside influence. ... The definition of a minority group can vary, depending on specific context, but generally refers to either a sociological sub-group that does not form either a majority or a plurality of the total population, or a group that, while not necessarily a numerical minority, is disadvantaged or otherwise has... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Political freedom is the right, or the capacity, of self-determination as an expression of the individual will. ... This article or section is missing references or citation of sources. ... In English usage, nationality is the legal relationship between a person and a country. ...


Borders

On 20 November 1991 Lord Carrington asked: "Can the internal boundaries between Croatia and Serbia and between Bosnia-Herzegovina and Serbia be regarded as frontiers in terms of public international law?" Among others, the commission concluded that "The boundaries between Croatia and Serbia, between Bosnia-Herzegovina and Serbia, and possibly other adjacent independent states may not be altered except by agreement freely arrived at." and "Except where otherwise agreed, the former boundaries become frontiers protected by international law."[2] November 20 is the 324th day of the year (325th in leap years) in the Gregorian Calendar. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ... Border stone at Passo San Giacomo between Val Formazza in Italy and Val Bedretto in Switzerland Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, states or subnational administrative divisions. ... // United States In the United States, the frontier was the term applied to the zone of unsettled land outside the region of existing settlements of Americans. ... This article discusses states as sovereign political entities. ... A contract is a promise or an agreement that is enforced or recognized by the law. ...


References

  1. ^ Curriculum vitae of Robert Badinter on un.org
  2. ^ a b c Some oppinions of Badinter Arbitration Committee


 

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