INTERNATIONAL PROBLEMS, NO. 1, 1998
FR YUGOSLAVIA IN SEARCH FOR IDENTITY: TURNING FROM THE PAST TO THE FUTURE (article in English)
The majority in the international community accused Serbia and Montenegro (FR Yugoslavia) as the most responsible ones for the outbreak of the civil war. Initially, the international community was in favour of preserving the integrity of SFRY, but later on it agreed with its disintegration. In Serbia and Montenegro this provoked great dissatisfaction and tensions in relations with the international community. Nowadays, for FR Yugoslavia one of the main tasks is to improve her international position. In this context, it is of crucial importance that her citizens get aware of the changes in the world and of the changes in the country’s position in these new circumstances.
YUGOSLAVIA AND REGIONAL COOPERATION IN SOUTHEASTERN EUROPE (article in Serbian)
In comparison to other parts of Europe that are covered by dense network of regional organizations, regional cooperation in the Balkan and Danubian Europe is considerably lagging behind. Immediate, even though not the main cause for this was the Yugoslav crisis that affected in various ways all the countries of the region disrupting the development of their relations after the end of the cold war and hampering regional cooperation in general. The fact that regional cooperation in South-Eastern Europe is lagging in comparison with the West and Central Europe, the Baltic and even the Black Sea Region, is actually only partly due to the war in former Yugoslavia. Deeper causes may be found in the historical differences and relative underdevelopment of these countries, in the incompatibility of their economies and, particularly, in their political marginalization during the Nineties. Regional cooperation in Central Europe enjoyed strong support from the USA and the EU (particularly of United Germany), whilst Denmark and the other Scandinavian countries took this role in the Baltic region, and Turkey, with US support, took initiative in the development of Black Sea cooperation (BSEC). At the beginning of the Nineties such initiatives were missing in South-Eastern Europe. The EU’s regional approach had lost its momentum soon after the end of the Italian presidency in the EU, whereas the American SECI is self-assistance program and hardly can bring significant results without the substantial funds from abroad. For that reason some of the South-East European countries adopted “go it alone” approach towards the European integration, and this further contributed not merely to the disintegration of former Yugoslavia, but also to the deepening of political differences among the Balkan and Danube countries. The wish to “escape from the Balkans” was reason for Slovenia’s and Croatia’s reluctance about the regional approach of the EU and American SECI. Furthermore, Croatia is not ready to join any multilateral arrangement with the Balkan countries, whilst quite a number of Balkan countries prefers to see themselves as a Central European rather than a South-Eastern European country.
Regional cooperation is, nevertheless, a major condition for most of these countries as regards their development, their international position and security, and, above all, their accession to European and Euro-Atlantic integrations. The Declaration of the Ministerial Conference of Countries of South-East Europe held at Thessaloniki in July 1997, therefore states: “The European orientation of the states of the region is an integral part of their political, economic and social development. The countries of South-East Europe look forward to taking actively part in shaping of future developments both in the region and in Europe as a whole. European integration can not be complete without their participation based on the same European principles that helped to establish and develop what is today the European Union.” Among the South-East European countries only Greece is a fully integrated in NATO and the EU; Turkey is a member of NATO and an associate-member of the EU (without prospect of becoming a full member in the near future), whereas the status of all the other countries vary, with only a few qualifying for the first round of NATO (Hungary) and the EU enlargement (Hungary and Slovenia). Slovenia, Romania and possibly Bulgaria have prospects to enter NATO’s in the second round (if there will be one), whereas the prospects of the remaining countries are indefinite. The enlargement of NATO and the EU and their current reforms shall, however, have major consequences on all the South-East European countries, so that regional cooperation might possibly be the only option, at least till the time they became eligible for the membership in Union and NATO. Most of these countries lack the economic resources and strong internal markets to support development of their national economies and make them attractive for the foreign investments. With the disappearance of bipolarism and the disintegration of former Yugoslavia, many countries of the region have, moreover, found themselves in a “security vacuum” and up against social and political problems requiring multilateral action for their solution. They are directed in the same course by the European and Euro-Atlantic organizations requesting from the candidates for membership to ensure peaceful and stable relations in their neighbourhoods and to find solutions to open ethnic and territorial disputes.
Due to its central geographic location in the Balkans, the Federal Republic FR of Yugoslavia has a particular interest in various forms of bilateral and multilateral cooperation in the Balkans. For FR Yugoslavia regional cooperation can be the answer to many of its present problems - from the security, new foreign policy and foreign economic agenda; the protection of Serbian and Montenegrin minorities abroad and the settlement of open ethnic and territorial disputes with new and old neighbours, up to the common approach towards European integration. Yugoslav political circles developed two main standpoints on regional cooperation. The first follows from the old idea “The Balkans To the Balkan Peoples” and sees Balkan integration as a goal in itself and even a kind of alternative to European integration that have, so far, hardly shown much interest and understanding for this region. Having developed as a backlash to the country’s isolation and negative media coverage in the West, this standpoint had quite a large backing a few years ago but is now prevalent only in certain political circles. The other standpoint is a broader one considering Balkan cooperation rather as an intermediary step for these countries on their way towards European integration. This has become the predominant standpoint within the governing coalition as well as in opposition circles whilst it has also been adopted by the Yugoslav official policy apparent from how it was presented at the Balkan ministerial conferences and the standpoints that are expressed in their declarations. Despite the political will of most of the South-East European countries, the development of such regional cooperation shall, however, be rather slow and will necessitate considerable material and political backing from outside, primarily from the EU. Possible role of Yugoslavia in regional cooperation at this moment is hampered by the outer wall of sanctions still being levied against her and had prevented her participation in SECI and other regional initiatives. Without Yugoslavia, however, it would be difficult to develop any form of regional cooperation in South-Eastern Europe not merely because of her central geographic location and her size, but also because the pressing problems of the Balkans and the Danube region cannot be settled without her participation.
EXPANSION OF NATO AND SECURITY OF YUGOSLAVIA (article in Serbian)
The author considers influences of NATO enlargement on the conflicts, sovereignty and security of FR Yugoslavia. The first part is devoted to analyzing of the process of NATO enlargement after the end of the Cold War, and at the first places its motives, aims and possible political, security, financial and some other consequences.
Second part of the article is devoted to the relationships between the conflicts in the Yugoslav successor states and the sovereignty and security of FR Yugoslavia. (The emphasis is on the following conflicts: the Serbo-Croat conflict in Croatia and Bosnia and Herzegovina, Serbo-Bosniacs’ and Croat-Bosniacs’ conflicts in Bosnia and Herzegovina, Serbo-Albanian conflict in FR Yugoslavia as well as the Macedonian-Albanian, Macedonian-Greek and Macedonian-Bulgarian conflict). Ethnic conflicts have been generated the most serious threats to sovereignty and security of Yugoslavia and other mentioned states. The elimination of ethnic conflicts will probably be a long lasting process and could bring the danger of the establishment of undemocratic rule with the aim to maintain state sovereignty at any cost.
Within the concluding part of the article the author considers possible influences of eventual FR Yugoslavia’s entering to the Partnership for Peace programme or even getting NATO’s full membership. He concludes that FR Yugoslavia (as well as most of the Yugoslav successor as well as some Balkan, Central and East European states) could be qualified as weak countries, in which security related discussions give priority to internal threats, and the lack of legitimacy of the regime is “solved” only by a temporary alleviation of social conflicts (while the roots of the problem remain almost or completely aside). This kind of states cannot be strengthened by that what the NATO could offer it at the first place: more military and other kinds of force. On the contrary, these states - using the force and repression - perpetuate their weaknesses, as illustrated by tensions within the political system, etc. The main reason for that conclusion is the fact that the Yugoslav crisis has showed that ethnic conflicts cannot be resolved or eliminated by repression, military or any other kind of force or violence in general. For that reason, according to author’s opinion, FR Yugoslavia’s sovereignty and security cannot be strengthened and improved to a larger degree by entering to the Partnership for Peace programme nor getting full membership in NATO.
It is concluded that the institutionalization of politics, establishing of the rules of the political “game” and establishing the rule of law (instead of rule of parties, and even individuals) should remain the basic mechanisms for mitigating ethnic and other conflicts. It is only in such a case that the state itself also becomes a mechanism for limiting conflicts. The cases of Switzerland, USA, Canada and some other multi-ethnic states indicate that potentially it is realistic to presume that - at least in the elementary sense - it is possible to unite the societies in which ethnic and political divisions had grown so high that they could lead to a questioning of the very idea of the state, its institutions and sovereignty, and thereby its very existence. Finally, it seems that deterrence by military or other kind of force should be at least combined with the activities aimed towards a non-violent preservation or establishment of peace (peace-oriented diplomacy, politics and communications, economy and, particularly peace education, etc.).
THE SIXTH ENLARGEMENT OF THE EUROPEAN UNION - POSSIBLE EFFECTS (article in Serbian)
After the Intergovernmental Conference the European Union decided to increase the number of its members. The new member states will be Cyprus and the countries of Eastern and Central Europe - Poland, Hungary, the Czech Republic, Slovenia, Estonia, Bulgaria, Romania, Slovakia, Latvia and Lithuania. According to the estimates the sixth enlargement of the EU is to take place in the first decade of the new millenium. Although specific in many respects, the sixth enlargement should lead to strengthening of the EU in economic, political and security fields. It fits well with the general strategy of integration development which is based on deepening and enlargement as well as improving of a broad network of subregional and inter-regional groupings.
The article analyzes the opportunities for mutual cooperation between the EU and candidate countries within the framework of international economic integration. It also considers some possible effects of that cooperation on integration, new member states and Europe in general. In the first part of this article the situation in the EU is discussed. It considers the dilemmas following the deepening of integration developing, undoubtedly, to an economic and monetary union. Also are treated the problems concerning the position of a possible equilibrium between deepening and enlarging of the union in the evolution of integration. The author discusses the relationship between national and supranational in the monetary union, the new relationship between the identity of the EU and identity of the member states as well as the balance of power within the EU and adaptation of the candidates to an increasingly growing acquis communautaire. In the next part all EU enlargements are presented as well as their basic economic, political and security characteristics. The sixth enlargement is considered in the same way and added to the list. In the next part of the paper the author studies the European network of subregional and inter-regional groupings that were created after disappearance of the ideological division of Europe. The network is treated as a pragmatic application of the principle of partnership. In the approach of the EU partnership requires assuming of great responsibility of non-member countries and the commitment they have deliberately accepted to improve that responsibility through development of cooperation in subregional groupings.
In the second part of the paper the author analyzes the characteristics of the candidate countries for the sixth enlargement and these are their geostrategic position, economic compatibility and ability to integrate. The candidate countries are passing through a very hard and demanding period of transition and adaptation. They are in the process of a systemic socio-economic transition, being at the same time in the process of adaptation to functioning of the EU, this exhausting their capacities.
In the third part of the paper the cooperation between the EU and candidate countries is analyzed. Trade is in the focus of the analysis pointing to the asymmetry in interdependence between these partners. Liberalization of trade has brought some changes in the structure of supply, what is not necessarily encouraging within the context of economic and technological development of the candidate countries.
In the fourth part of the article are considered some possible effects of the sixth enlargement. The EU is becoming a pan-European integration entity what imposes redefinition of its policy, this especially referring to Russia. At the same time with the inclusion of the states in transition into its membership the EU will alter the elements of the economic and social structures which have remained unchanged so far. Besides, the sixth enlargement will define the future cooperation between the EU and the states in transition in general. Economic effects that will be produced by the enlargement, this particularly applying to the new member states cannot be precisely predicted for the fact that the effects produced by the transition itself are still not clear. Judging by the effects of liberalization of trade under the 'Europe agreement' trade diversion as well as trade suppression and even production suppression could possibly appear.
The effects of the sixth enlargement of the EU on the position of Yugoslavia could be positive in general. But due to the crisis and events that followed at the internal political scene, and the ways it has employed in resolving the problems of transition, Yugoslavia is at the bottom of the list in the process of integration in Europe.
NEW TECHNOLOGIES, CULTURAL IDENTITY AND ECONOMIC DEVELOPMENT (article in Serbian)
The paper presents the study of the relationship of the cultural identity, new technologies and development. The attention is mostly focused on the features by which a society differs from another one. The cultural identity is given greater and greater consideration what shows the fact that we have entered a period when people realize more comprehensively the impact of the cultural identity on many processes. It is important to understand that the cultural identity is (theoretically) regarded as a reality of a special kind and a s a self-developing system acting on various social segments. The cultural identity is the self-consciousness of members of a group. It historically appears and develops and this depends on the criteria it establishes in its relationship with other social groups.
Adoption of heterogeneous functions of the culture is a very complex process and it is called enculturation and not socialization. This is because establishment and development of the cultural identity results from the process of enculturation. Therefore, the cultural identity cannot be regarded as something resulting from socialization of several persons in a similar way because an identical cultural feature of theirs is not necessarily involved. From this aspect it is possible to determine the role of the traditional culture in establishment of the cultural identity and its relationship towards the technological and any other development.
The cultural identity can be a limiting factor of technological development in case of introduction of some technology that cannot be absorbed by it. It cannot adjust to it since it is detrimental to the cultural features and undermines forms of life that were once peaceful. Maintenance and enrichment of the cultural identity as a factor that exerts impact on development also clashes with opening to technological influences, what particularly refers to small countries. The opponents of opening to technological influences wish to maintain the cultural identity, although some changes within it could spur technological development. After all, of crucial significance in every country are one's own initiative and a strategy of opening, while this should not be imposed to them. Therefore, the technologies that change societies should be considered in a new way, and a new approach should be applied. This is because the more sudden the change is the stronger it will exert its impact on the existing structures. It is very difficult to predict accurately what consequences will be caused by changes brought about by introduction of new technologies, while the reactions could be very severe. It is estimated that there will occur great turns in the economic policy, and development one in particular, so the technological development is an important link in every effort. Therefore, it is significant to determine and materialize an appropriate development strategy.
National cultures will not survive if they disregard scientific and technological development. Culture should be fostered scientifically and technologically in order to develop in a regular way. The competence in the sphere of technology is not a matter of local priorities. As it is concluded in this article it is a part of the basic culture of the whole population. In its strategy the technological development should embrace spiritual, moral and cultural development of the man and his reactions to all these innovations. Basically, it is a step forward towards achieving a deliberate and controlled technological development and cultural identity, since each of them is an element included in the concept of global development. The cultural identity and technological development are, yet, inextricably interlaced with each other.
TURKISH MINORITY IN BULGARIA (article in Serbian)
In this article the author analyzes the position of the Turkish minority in Bulgaria. At first author presented some general demographic data in the period since the 1900 census up to the present days, and the figures and proportional share of national minorities in the total population of the country. The data show that the Turkish national minority has always been the most numerous in Bulgaria - actually, in 1900 there had been 539,656 or 14.41 per cent of the Turks, while in 1992 there lived 750,00 or 9.4 per cent of them. The author points to the fact that, in spite of the assumed international commitments, the Bulgarian authorities have throughout its history pursued the policy of a "peaceful or forced" expulsion or assimilation of national minorities, this particularly applying to the Turks. This policy was most prominent after the Second World War, when in 1948 the process of "bulgarization" of the Macedonians firstly commenced, and then followed, in 1951, by the forced assimilation of "the Bulgarians of the Turkish origin". Simultaneously with those processes the actions of forced expulsions of members of the Turkish minority were also taken. "Voluntarily or by taking coercive" measures 770,727 members of the Turkish national minority have been expelled from Bulgaria since 1880 till the present days. Pursuing of the policy of "homogenization of the country" and creation of "the Bulgarian socialist nation" had commenced as early as in 1956. It reached its peak in late 1970s and early 1980s when the existence of national minorities in Bulgaria was totally denied. There were taken the measures of "registration of citizens" not including in the questionnaire the item on the nation they belonged to, the campaign of "rebirth of the nation", "reconstruction of Bulgarian names" (changing of names of members of the Turkish minority to Bulgarian ones carried out by compulsion). In 1985 it was "proclaimed" that PR Bulgaria was a single nation state. The Turkish minority offered resistance to such policy of the Bulgarian authorities. This caused clashes with the police and army what brought victims (1951, 1964, 1971, 1974, 1981, 1984 and 1989).
In the author's opinion, "the obliteration" of all measures of the coercive assimilation policy pursued by the new Bulgarian authorities after the fall of the communist regime of Todor Zhivkov in 1989, did not imply full granting of rights to the Turkish minority. After several protests of the Turks, in January 1990 the Movement for Rights and Freedoms was established. Struggling persistently, after a year and half it succeeded in becoming legal as a movement that gained the right to participate in elections. In the 1991, 1994 and 1997 elections the Movement achieved a prominent success and it even participated in the coalition government that was formed in 1994. The author concludes that, in spite of the new approach proclaimed by the new authorities to obliterate the coercive assimilation policy pursued by the previous regime, they have not fully abandoned the old policy. This is for the fact that fundamental rights and freedoms recognized by the international treaties and agreements have not been granted to minorities. In his opinion Bulgaria has not included in its legislation's the international commitments on protection of national minorities, continuing to pursue the policy of denationalization, expulsion and suppression of rights of national minorities.
FUNCTIONING OF THE MULTILATERAL INVESTMENT GUARANTEE AGENCY (article in Serbian)
The authors analyse the functioning of the Multilateral Investment Guarantee Agency-MIGA. MIGA was established on 1988, as a member of the World Bank Group. Its purpose is to encourage the flow of foreign direct private investment in developing countries by providing: 1. Investment guarantees against the major political risks to foreign investors in developing countries; and 2. Investment marketing and advisory services to assist developing countries attract foreign investment. MIGA membership is open to all World Bank members countries and includes 141 countries industrialised and developing countries, who subscribed to 98% of the agency's authorised capital of USD 1.08 billion (another 18 countries are in process of fulfilling membership requirements). The structure of the agency includes a council of governors, a board of directors, a president and staff. The President of the International Bank for Reconstruction and Development is 'ex officio' the President of the board of directors. The President of Agency is responsible for the organisation and appointment of staff.
MIGA offers longterm political risks insurance for eligible new project investment (up to 15, sometimes 20, years). The projects MIGA insures, must contribute the host country needs, including job creation, technology transfer etc. The maximum amount of liability per project is USD 50 million. Agency insures new foreign private investments and the expansion, modernisation, privatisation or financial restructuring of existing investments. Eligible forms of foreign investment include equity, shareholder loans issued by equity holders, provided the loans and loan guaranties have terms of at least 3 years. Other eligible forms of investment are technical assistance, management contracts, and franchising and leasing agreements, provided they have terms of at least 3 years. According to the guarantee programme, MIGA offers coverage against the following political risks in the host country: Transfer restriction- This protects against delays and losses arising from an investor's inability to convert local currency returns-profits, interest, principal, etc.) into foreign exchange for transfer outside the host country. Currency devaluation is not covered; Expropriation - This protects against partial or total loss of the insured investment as the result of acts by host government which may reduce or eliminate ownership of, control over , or rights to the insured investment; War and civil disturbances - Protects against losses from damage to or destruction of tangible assets caused by politically motivated acts of war or civil disturbance in the host country, including revolution, insurrection, terrorism and sabotage; Breach of contract - Protects against losses arising from the host government's breach or repudiation of a contract with the investor. For each risk category, MIGA can insure equity investment for up to 90% of the investment contribution, plus an additional 450% to cover earnings attributable to the investment. For loan guarantees, MIGA can insure up to 90% of the principal, plus an additional 150% to cover interest that will accrue over the term of the loan. For the technical assistance, MIGA covers up to 90% of the total value of the payment due under the agreement.
Agency must obtain the approval of the host country to issue a Contract of Guarantee. The approval is not a counter-guarantee or any other form of financial commitment on the part of the host government. MIGA has established a premium structure for each type of coverage. The rates are created in relation to the type of industry and coverage and are applied to the portion of the investment currently at risk ('current'), or 'stand by' for the portion of the risk in the future. An investor seeking MIGA insurance must submit a Preliminary Application for Guarantee, duly signed by the investor, before the investment is made or irrevocably committed. The application does not obligate the investor to purchase insurance or MIGA to issue coverage. Once investment and finance plan are established, an investor should promptly complete and return the Definitive Application for Guarantee to MIGA along with any relevant project documentation. The review process usually takes three to four months, from the receipt of the definitive application to the date the contract is issued. In order to expand the gross country and project capacities, MIGA co-operates with other political risk insurers through coinsurance and reinsurance arrangements for joint coverage of eligible investment projects. The collaborative investment insurance industry increases the flow of private foreign investment to developing countries and transition economies.
After ten years of MIGA activities there is obviously no balance in a voting power, which is strongly in favour of developed countries. Beside principal orientation and priority given to guarantees in productive sector, there is still a high percentage of financial investments in MIGA portfolio, due to faster repatriation of the invested capital.
INTERNATIONAL PROBLEMS, NO. 2, 1998
SOME CRITICAL REMARKS CONCERNING THE ROLE OF UNITED NATIONS IN THE YUGOSLAV CRISIS (article in Serbian)
The United Nations Security Council (SC) placed the crisis in the area of former Yugoslavia (Yugoslav crisis) on its agenda in September 1991 after the failure of regional European organizations (primarily EU, WEU and OESC) to solve it. Hopes that the UN would be more efficient turned to be more or less vain. The UN action had its ups and downs with changeable results. In some cases the action was promising and in others it was less so or even a failure, with the UN reduced to an international actor of second or third grade. Other actors and primarily the USA, as the only remaining super power, as well as some other States, and the NATO played more important roles.
The author is devotes a part of his article to the UN system of collective security which has never become fully functional as it was initially envisaged by the creators of the UN Charter. There have always been political and other obstacles, first during the Cold War and then in the new political structure of the post bipolar period. Hopes that the UN would become the main world organization and that their system of collective security would become fully effective and thus the main mechanism for peace keeping and, if necessary, peace enforcing, have not been fulfilled, at least not until now.
In the beginning of the internationalization of the crisis the SC tried to solve the crisis with peaceful means, i.e. in accordance to the Chapter VI ("Pacific Settlement of Disputes"). After these mechanisms failed Chapter VII of the UN Charter was applied, with different measures ranging from those not involving the use of armed forces (including the inhumane sanctions imposed even in fields such as culture, environment, health service and education) to the use of armed forces for peace-observing, peace-keeping and peace-enforcement.
To prove the above mentioned critical remarks the author also pays his attention to the functioning and evolution of the role of international peace-keeping and peace-enforcing forces. Their competencies and authority have changed during the crisis. After their initial mission in the territory of Croatia with rather modest task they, as the crisis heightened, were gradually given more authority both with regard to use of arms and to the territory. In spite of that they were not efficient enough committing many mistakes which brought criticism not only by the parties involved in conflict but by their own functionaries including even some former commanders.
The main reason of the UN failure to be more efficient in the Yugoslav crisis (as well as in some other crises in the world) were, according to the author, both shortcomings of the UN system of collective security itself and unwillingness of States (especially of some permanent members of the SC) to use its full potentials, probably believing that they could better obtain their goals by other means, or simply not being able to coordinate their action with other permanent SC members. This criticism does not mean that the author denies that the UN in certain periods of the crisis played also positive role. That was in all those cases when their position did not collide with the position of the USA and other important actors on the international scene and especially in humanitarian domains. Future development of international relations will show what will happen with the UN. Will the organization gradually regain its role of the main mechanism of international security system, as it was envisaged by the creators of the UN Charter at the end of the Second World War, or will it be step-by-step reduced to a second grade factor, or only to one of factors, by other mechanisms, like the NATO or maybe some other regional military or other organizations, will depend on many factors active on the international scene, including the further handling of the Yugoslav crisis.
THE POSSIBILITIES FOR INTEGRATION OF FR YUGOSLAVIA INTO INTERNATIONAL FINANCIAL INSTITUTIONS (article in Serbian)
The sanctions imposed by the international community terminated the foreign trade flows of FR Yugoslavia, freezing the funds abroad as well as the relations with the international financial institutions. During the period of sanctions foreign trade drastically decreased, this entailing high prices for imported goods at the domestic market as well as great export costs. The financial and commercial transactions of the largest part of the economy were performed at the so-called gray market while the exchange rate at the black market constantly rose and buying in of foreign exchange from the population also grew. The sanctions made the commercial relations with almost all countries end, terminating transportation of all kinds of goods across its borders. The ways and modes the foreign trade was performed during this period became unusual, what considerably made difficult to collect statistical data on these activities. The isolation of the Yugoslav economy from the world surroundings and almost total break-off of economic relations with foreign countries made the external factors exert a rather adverse impact on development of the Yugoslav economy.
The main prerequisite for carrying out substantial economic reforms is reintegration of FR Yugoslavia into the institutional structure of the world economy, bearing in mind the fact that international economic and financial organizations are today a coordinated system of institutionalization of international economic relations. The development funding of some economies is primarily directed and supervised by the International Monetary Fund and World Bank. Without regaining its membership rights in these institutions, what would be a prerequisite for reintegration of FR Yugoslavia into the international financial flows, neither trade nor other forms of its international economic relations could be substantially developed.
In the second part of the paper the author points to the necessity to carry out a reform of the banking system in FR Yugoslavia as a prerequisite for reintegration of the country into the contemporary world economic flows. The concept of restructuring of the banking system should be such so as to establish at its beginning the positions in individual banks as well as in the system as a whole in order to make a distinction between the potentially prospective banks and those which are not. The basic aim of the reform would be to achieve solvency of banks by improving the balance of payments and success, providing a necessary capital and making them capable to earn money. The measures of foreign financial support to the programmes of reconstruction and recovery of the banking system in FR Yugoslavia should necessarily take this direction. This is for the fact that it is impossible to accomplish this process by solely using domestic funds, also resuming that foreign partners have the interest to find among Yugoslav banks reliable partners in the future.
In the third and fourth parts the author analyzes the relations between FR Yugoslavia and IMF and World Bank. He points out that its reintegration to these institutions would considerably enhance possibilities for gradual recovery, stabilization and further development of the economy of FRY. On its part IMF will insist on applying the standard monetary concept that involves liberalization of prices, exchange rate of the dinar, interest rates, exports as well as restrictive monetary and fiscal policies. IMF and the World Bank also play a key role in resolving the problem of external indebtedness of developing countries rendering them assistance to solve the problems of servicing their debts by pursuing appropriate economic policies and offering them financial support. By defining its status in the Bretton-Woods financial institutions FR Yugoslavia should find the modalities to settle the accumulated delays in repaying the debts or actually the outstanding commitments to the international financial institutions that have become due. The first way would be to repay the outstanding commitments by using the foreign exchange reserves. At this moment it would be impossible to do since a great part of the common reserves is still frozen abroad and the states of the former SFRY also lay claim to them. The other way would be to be granted the so-called credits for bridging over the delays in meeting commitments.
Normalization of relations with the international financial institutions has a priority in the fields of foreign policy activities and economic policy of FR Yugoslavia. Under the present circumstances there are three options for defining the membership status in IMF. The first one would be to find solutions that would be based on our proposal and would in a way take into account the Yugoslav request for continuation of its membership in this institution. The second option would be to accept the requirement of IMF what would involve succession of the membership in the Fund. The activities of the states created in the territory of the former SFRY have proceeded on that basis. Finally, the third option that seems economically most realistic and justified would be to apply for membership in the Fund, of course, only in the case that Yugoslavia and the Fund refuse to accept the abovementioned options. Within the third option three cases are possible to occur. In the first one IMF would deny the application of FR Yugoslavia for membership in this institution. In the second case a new quota would be set for Yugoslavia as a new member of IMF and it would be reduced for the fact that the economic power of the country has weakened. In the third case, after becoming a new member of IMF a new quota would be set for FR Yugoslavia and it would be identical to the present one in the Fund.
THE RIGHT OF ESTABLISHMENT OF THE ENTERPRISE IN THE EUROPEAN UNION (article in Serbian)
The freedom of establishment of the enterprise at the single EU market is one of the fundamental economic freedoms, together with the freedom of movement of goods, capital, service and persons (labour force). The facilities the member countries provide to each other in this field are, therefore, a special feature that, among other things, characterizes the operation of the European Union. This association is growing from a customs union to an economic and monetary one, with a single currency, taking a direction towards establishment of common foreign and defence policies.
Freedom of establishment in EU is the right of natural and legal persons in the EU member countries to establish and manage the company, subsidiary, agency or bureau on the territory of any EU member state, under the same conditions and laws applied to nationals, or under the national regulations of the state where the company is to be established. The achievement of this right is stipulated by the respect beforehand of the EU regulations on circulation of capital, since it has a priority in implementation. The primary rule in establishment implies that the company should be established in accordance with the regulations of an EU member state and to have a registered head office, central management or the main location for operations within the EU market. The company that has been established in accordance with the regulations of an EU member state enjoys the freedom of establishment within EU, provided that it fulfills one of these three alternatives: a registered head office, central management and main location for operations. As a result, the company whose central management or head office is not within EU, could be easily established at the EU internal market. Such company should establish a subsidiary in accordance with the regulations of an EU member country as well as a registered head office of the subsidiary in any of the member states. Then will the subsidiary have the right to freely establish its branches, subsidiaries and agencies all over the single EU market. However, when establishment of a company with a central management not within EU is concerned, communitary law prescribes an additional condition to be fulfilled. Actually, it is necessary to establish an effective and permanent relationship with the economy of a member state, and it is estimated in any specific case. A relationship based on the citizenship of share-holders or members of the management or supervisory bodies of the company is excluded.
In the EU law the term company has a very broad meaning and the aim is to overcome various conceptions or meanings of some forms of companies in the EU member countries. In that way the principle of implicit recognition of companies has been set in the communitary law, this specifically being manifested in the Article 58 of the EEC Treaty. However, the Convention on the Mutual Recognition of Companies between the Member States has not been adopted, this considerably reducing the freedom of establishment.
The essence in implementation of free establishment within EU is to eliminate the elements that limit achievement of this right and these are the divergent national regulations of the EU member states on conditions for establishment in these countries. For this reason there have been adopted 13 directives on harmonization of national rules of the EU member countries in the field of company law. The provisions of the First, Second and to some extent the Twelfth Directives are the most important for liberalization of the right of establishment within EU. Parallel to this, there was going on the process of adoption of the so-called sector directives on harmonization of national regulations of the member countries for some economic activities. In early 1970s the process of their implementation proved to be slow. In its 1974 revolutionary verdict (the Reyners case) the European Court of Justice issued an interpretation that the provisions of the Art. 52 of the constitutive EEC Treaty produced a direct effect, and therefore no directive was necessary to adopt for their implementation.
The communitary law defines legal exceptions to freedom of establishment in EU. They are applied in cases of discharging public authority and protection of public order, security and health. Implementation of these exceptions is within the competence of the EU member states, but the communitary bodies keep the right to control its implementation and set the limits of the defined exceptions.
The legal approach of the communitary bodies and EU member states in the field of freedom of establishment is based on harmonization of national regulations by adoption of directives and uniform communitary regulations. This approach was applied in adopting the Rules on Establishment of the European Economic Interest Grouping in 1985 and in submitting the Proposal of the European Company Statute that has not yet been adopted. Bearing in mind the fact that the EU member countries are not willing to abandon a part of their national sovereignty for the benefit of the communitary one introduction of supranational regulations in the EU company law has not produced substantial results. By all this, the freedom of establishment has not been defined in a uniform way but it involves principles and common standards set by the communitary law, being implemented simultaneously with the national regulations of the EU member countries.
In general, treating of the third countries is reflected in the principle of prohibition of the clause on the greatest benefit on the agreements concluded between the EU members and the third countries. The benefits the member states provide to each other would be also extended to other, non-member states. However, EU endeavours to extend to the third countries the freedom of establishment in the EU market by defining the rules bilaterally. EU is trying to extend the freedom of establishment to the third, non-member countries, provided that the principle of reciprocity is fulfilled. Therefore, there are several groups of the third, non-member countries. It is, however, the most important to make a difference between the associated countries and the third, non-member ones. EU recommends the associated countries to gradually harmonize their regulations with the principles of the communitary law. Such position has been worked out in the White Paper on preparations of the associated countries of Central and Eastern Europe for their integration into the internal market of EU. This paper is a kind of a text-book, leaving any of the associated countries to decide on the priorities and dynamics in implementation of harmonization of the rules. By all this, the White Paper is also significant for other third, non-member countries. This even more, since the part on the company law involves the key measures for creation of a favourable business climate as well as stages including the recommendations and necessary conditions in implementation of the harmonized legislations.
FRY, although belonging to the group of the third countries and having not concluded any institutional agreement on cooperation with EU, has taken measures to harmonize its legislation in this field with the EU law. The step towards it was the adoption of the Federal Company Law in 1996.
A NEW STAGE OF ECONOMIC COOPERATION IN THE REGION OF PACIFIC AND INDIAN OCEAN (article in Serbian)
In this paper the author firstly points to the fact that Asia - the continent with 57 per cent of the world population - is growing into an economic giant and that USA is still the only economic superpower that will keep on being it for the next two or three decades. These two facts make the zone of the Pacific the main pillar of the world economy, being even more important than the zone of the Atlantic. Judging by the manifested tendencies the preponderance of the Pacific over Atlantic will be even more prominent in the future. Not even the zone of the Indian Ocean should be any more underestimated, taking into account the fact that some countries from this region have taken high positions on the list of the world economic power by the recorded value of their gross national product - e.g. India takes the fifth and Indonesia the twelfth place.
This technological and economic rise of Asia that became very prominent in early 1990s will keep on producing far-reaching global implications on the balance of global economic power, and then on some other forms of power. It results from the concurrence of a large number of factors. Among them the key one is certainly the opening of Asia to the world and the world to the Asia, or actually, permanent and occasionally even radical liberalization of international trade and capital flow.
The liberalization is proceeding on three levels. The highest level involves liberalization of the world economy and international economic relations through a number of global negotiations (the so called "rounds") within GATT and WTO as its successor. The second, lower level involves various forms of associations from several continents and the aim is to promote their economic cooperation. Such association is, for example, APEC (Asian-Pacific Economic Cooperation) that gathers around countries from four continents or IOR-ARC (Indian Ocean Rim Association for Regional Cooperation). The third level involves regional or subregional integrations among which the most well known and successful is certainly ASEAN (Association of South East Asian Nations). As the author points out, it is interesting to note that none of the largest regional economies such as the Chinese, Japanese and Indian ones has ever been included in a closer form of a regional economic integration. This would be pretty natural regarding the fact that there are various and great asymmetries between the economies of their neighbours as well as the Asian economies taken as a whole. Political reasons, then, the necessity to coordinate, at least at the lowest possible level, their foreign economic policies in some regions, as well as the positive impulses directed towards dynamization of economic activities that are produced by gradual liberalization of international economic and technological flows have, however, made even the three largest national economies establish some regional frameworks for promotion of their economic cooperation with their neighbours.
The regional association that is undoubtedly the largest of its kind in the world is APEC. Today it gathers around 18 countries from four continents rimmed by the waters of the Pacific. Among them are three countries from North America, one from Latin America, six from South East Asia, three from Oceania and Micronesia and five countries from North East Asia. The gross national product of the 18 APEC countries amounts to 58 per cent of the world gross national product, their foreign trade makes 46 per cent of the total world foreign trade, their share in the world population is 38 per cent, and the area they cover all together totals 32 per cent of the world land. Another two factors make APEC even more important - its members are the three countries with the largest real gross national product (USA, China and Japan) and its supreme body is the summit of their leaders ("economic" but, actually, political ones). After the one that took place in Seattle in 1993 these summits are held every year. Owing to APEC, leaders of such big and significant countries as are USA, China, Japan and Indonesia, meet at least once a year. It is not difficult to conclude that APEC has achieved impressive results improving the general climate that is present today in the Pacific zone. There has also been made many specific achievements. Among them the greatest one is certainly the decision made at the summit in Bogor in Indonesia in 1994. At this summit leaders of the member countries committed themselves to achieve liberalization of their mutual trade and investment not later than 2010 for the APEC industrialized countries and till 2020 for developing countries belonging to this association.
On the model of APEC, IOR-ARC was established in March 1997 on the island of Mauritius. This association gathers around 14 countries from the coastal area of the Indian Ocean. In the Charter that was adopted on that occasion the following main objectives were determined: support of the sustained growth and balanced development of the region, support to liberalization of the flows of goods, services, capital and technologies within the region, strengthening of cooperation among the member countries in the international forums in the field of global problems, and the alike.
Judging by the attitudes expressed at the preparatory conferences and the text of the Charter the nature of the association is similar to the APEC one, while differs a lot from those of the European Union or the North American Association of Free Trade. In the region of the Pacific the actual economic integration had been effectuated by free acting of market laws before the governments decided to accelerate the processes. They also take measures to institutionalize the processes of cooperation, but through structures with loose ties, and with the lowest possible degree of binding elements. This makes APEC, and in the similar way IOR-ARC as well, the so-called "open economic associations". Opposite to this, the process of economic cooperation in Western Europe and North America has been laid on solid institutional foundations that involve binding agreements and stable and steady institutions.
The most successful and, in the real sense of the meaning, the only economic integration entity in Asia is ASEAN. Gathering around all countries of South East Asia (with the exception of Cambodia), and with the population of almost half a billion and real gross national product that is twice greater than the one of Russia, it is today one of the five poles of power in Asia (the other four are China, Russia, Japan and India).
In Asia itself there is a number of various forms of economic associations of countries. After ASEAN the Commonwealth of Independent States, headed by Russia, has the closest ties in its structure. However, three actual integrations are also emerging, and they are: "the Chinese economic commonwealth" including Asian countries with majority of the Chinese population and those where the Chinese minority takes a dominant role in the private sector; then the "zone of the Japanese yen" that, apart from Japan includes the countries of Asia and the Pacific with domination of the Japanese capital, and "the Turkish economic commonwealth" which is just starting to emerge and would gather around the countries whose majority nations speak Turkish.
In time, ASEAN has greatly evolved. It was established in 1967 as an association of five countries with the main objective to coordinate their policies and activities against the communist parties and communist guerillas. Today, it is an association whose primary ends are of economic nature, but more and more significant are becoming those concerning the foreign policies and security. Some ASEAN member countries have occasionally recorded the highest gross national product, and taken as a whole, in the economic sphere in recent years ASEAN has been one of the most prosperous parts of the world. As, however, a large part of the prosperity has been "borrowed" by raising heavy loans abroad and by making abundant foreign direct investments in the region the future will inevitably bring a slowdown in the economic dynamics since the liabilities will become due and certain "maturity" of some economies has been reached.
Finally, the author points out that it is in the interest of FR Yugoslavia and all other Balkan countries to keep informed of the integration processes in the Pacific and Indian Ocean, assessing that that interest is manifold. First, the experiences of some associations such as, for example, ASEAN, are very useful, since some analogies between the region of South East Asia and the Balkans could be made. Both regions are, actually, hubs upon which are reflected rather different interests. Second, the ASEAN market has become almost a single one and rather enormous, and therefore, it is necessary to get the knowledge on how it works as a whole. And other forms of economic association deserve to be carefully considered and it is APEC in particular, even more than all others.
THE POSITION OF ETHNIC MINORITIES IN SLOVENIA (article in Serbian)
Studying the position of ethnic minorities in Slovenia the author firstly presents the ethnic structure of the country according to the censuses taken in 1948, 1953, 1961, 1971, 1981 and 1991, which is, in his opinion, necessary for understanding of the real position of the most important minorities.
In a separate part of the article there has been analyzed the general legal position of ethnic minorities in Slovenia as defined by the Constitution of the country and relevant laws. One can notice that the Slovene Constitution treats the Italian and Hungarian national minorities differently from other minorities ("the autochtonous Italian and Hungarian national communities) defining their position in a comprehensive way and meeting high standards. Of all other ethnic minorities the Constitution mentions only the Roma (Gipsy) minority, not specifying its legal position but only determining that the position of this minority is defined by the law.
The rights of the Italian and Hungarian minorities in Slovenia are defined in such a way to meet high standards and it is proved by the fact that the Constitution itself explicitly determines the following: the state protects and guarantees the rights of these minorities (Art. 5/1), in the communes where the Italian or Hungarian national community lives the official language (together with the Slovene) is Italian or Hungarian, respectively (Art. 11), one deputy each from the Italian and Hungarian national communities are elected for the National Assembly (parliament) (Art. 80/3). Special rights of the Italian and Hungarian national minorities are most specifically defined by the Art. 64 of the Constitution guaranteeing the autochtonous communities, they being Italian and Hungarian ones, the right of free use of their national symbols; the right (for the purpose of maintaining their national identity) to establish organizations, develop economic, cultural and scientific and research activities as well as the activities in the field of public media and publishing; the right to training and education in their own languages, adding that the law defines the areas where the bilingual education is compulsory; the right to foster relations with their mother nations and states; the right to gain financial and moral support of the state in achieving the above mentioned rights; with the aim of achieving their rights, the right to establish self-rule communities; the opportunity, if they propose so, to authorize on the part of the state the national self-rule communities to take over some functions that come within the competence of the state as well as to ensure funds for their operation; the right to be directly represented in the representative bodies of the local self-rule and National Assembly. Apart from this, the above mentioned article of the Constitution also determines that the position and way of achievement of rights of the Italian or Hungarian national minorities in the regions they live, the commitments of the local self-rule communities in achievement of these rights as well as the rights the members of these national communities achieve outside of this area, are defined by the law. By all this, laws, other regulations and enactments relating to achievement of the rights and exclusively the position of these national communities determined by the Constitution cannot be adopted without consent of their representatives. Finally, the Constitution (Art. 64/6) explicitly determines that the rights of the two national communities and their members are guaranteed regardless of the number of members of these communities.
A special legal position of the Italian and Hungarian minorities is more precisely defined by the corresponding laws, and it must be admitted that the relevant constitutional and legal solutions concerning these minorities are truly materialized in practice (for example, there are in Slovenia monolingual schools in Italian, bilingual Slovene-Hungarian schools, etc.). As for the Roma minority the situation is quite different. To be true, the Constitution recognizes this minority, but without providing well-defined foundations or guarantees for its legal position. It only specifies that the position and special rights of the Roma community in Slovenia are defined by the law. However, not only that such special law on the position of the Roma minority has never been adopted, but when it is mentioned in some regulations this primarily concerns only the improvement of its social position or actually making it easier to fit into the social flows, and not the protection of its ethnic peculiarity. In line with this, the position of the Roma minority has neither been solved in a satisfactory way in practice (for instance, there are no schools in their language, nor even schools where that language would be studied as a special subject).
The greatest problem is, however, the fact that Slovenia recognizes only the three so-called autochtonous minorities (Italian, Hungarian and Roma ones). It guarantees only to them their corresponding rights while it does not even mention, and in that way consequently not recognize, other minorities. This primarily relates to the members of the nations of the former SFR Yugoslavia - the Croats, Serbs, Muslims, etc. Members of the minorities who do not belong to the three autochtonous minority communities are in Slovenia treated as immigrants, disregarding the fact whether they are Slovene nationals (most of them are) and without taking into consideration the number of their members. The number of members of some minorities is many times greater than the number of members of all three autochtonous minorities - according to the latest census taken in 1991 there lived in Slovenia 8,503 Hungarians, 3,064 Italians and 2,293 Romas, but together with them also 54,212 Croats, 47,911 Serbs, 26,842 Muslims, 12,307 "Yugoslavs", 4,432 Macedonians, 4,396 Montenigrins, 3,629 Albanians, etc.
Within his concluding remarks the author principally disputes such approach - the division of minorities to autochtonous and alochtonous ones and the discrimination which has been done on that basis. He is also of the opinion that, even if such division is accepted, there remains the fact that the Serbs and some other minorities in Slovenia are as much autochtonous as the Romas are.
INTERNATIONAL TREATIES IN THE FIELD OF THE ENVIRONMENT AND THE STATUS OF FR YUGOSLAVIA (article in Serbian)
International treaties in the field of the environment are becoming more and more a significant factor and framework for establishment and development of international environmental cooperation among states. By means of various mechanisms the status of a state in international treaties in the field of the environment is increasingly taking the imperative form.
The crisis in the former SFR Yugoslavia has also opened the question of the status of FR Yugoslavia in international treaties to which SFR Yugoslavia was a contracting party. According to the UNEP's "Register of International Treaties and Other Agreements in the Field of the Environment 1996" the newly created states in the territory of the former SFR Yugoslavia were recognized the status of a contracting party and this was based on succession and the statements (declarations) they made. As for FR Yugoslavia the status of a contracting party to these international treaties has principally not been called in question (this particularly referring to the treaties that were concluded within UN). However, the status of FR Yugoslavia as a contracting party to some international treaties in the field of the environment has been disputed. The most explicit examples are the Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution as well as the conventions adopted within the Council of Europe.
A special question is the one concerning the participation of representatives from FR Yugoslavia in international activities developing within some international treaties. In principle, this question has been treated separately from the one pertaining to the status of FR Yugoslavia in an international treaty and decisions on it have been made ad hoc from case to case.
The international treaties to which FR Yugoslavia is not a contracting party can be divided into the following two groups: the group of the treaties that were concluded in the earlier period (when SFR Yugoslavia still existed) and the group of those that have been worked out since the beginning of the crisis in the former SFR Yugoslavia and subsequently. The difference between them lies in the fact that FR Yugoslavia has not participated at all or by most of the part in working out and concluding of the treaties belonging to the latter group, or it has been excluded from the process of cooperation immediately after the treaties have been concluded.
It is obvious that FR Yugoslavia is interested in becoming a contracting party to some of the treaties, while possible entering into a part of them should be particularly considered by our country. The most general criteria could be the following: the number of contracting parties to the treaty, special position of some contracting parties (neighbouring countries, countries in transition, highly developed countries of Europe, etc.), general significance of some international treaties, implications resulting from implementation of the international treaties by which are also affected the states that are not contracting parties to those treaties, etc.
Within the group of international treaties that were concluded earlier the most significant seem to be the following: Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, 1973, as amended in 1979 and 1983), Convention on the Prohibition of Military and Other Hostile Use of Environmental Modification (Geneva, 1976), Convention of the Conservation of Migratory Species of Wild Animals (Bonn, 1979), Convention on the Conservation of European Wildlife and Natural Habitats (Berne, 1979), and Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal (Basel, 1989, as amended in 1995).
Within the group of the so-called latest international treaties of special importance are: Convention on Environmental Impact Assessment in a Transboundary Context (Espo, 1991), Convention on the Transboundary Effects of Industrial Accidents (Helsinki, 1992), Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki, 1992), Convention on Biological Diversity (Rio de Janeiro, 1992), Convention on Cooperation for the Protection and Sustainable Use of the Danube River (Sofia, 1994), etc.
The dynamics of entering into these international treaties, or actually their confirmation, is determined by several factors. One of the most significant is certainly the one that there is a real interest in accepting the solutions which are contained in some of these treaties as well as the assessment of what implications could be brought about by confirmation of such international treaties (these are above all economic, and then also legal, institutional other sorts of implications).
INFORMATION TECHNOLOGIES AND DIPLOMACY (article in Serbian)
New information technologies change the very nature of diplomacy, appearing as its new instruments. The computer communications which are based on use of personal computers and Internet enhance the opportunities for establishment of communications across the geopolitical borders and time zones, thus rapidly increasing the number of factors that participate in the process of foreign policy decision-making. Network communications make such an impact on the international surroundings that they change the character of the state as the most important factor in international relations and also a number of standard concepts in the theory of international relations (sovereignty, territory, power, etc.). Diplomacy that faces the changed international surroundings would also deal with some new issues on the diplomatic list as well as with new information tools designed for performing the diplomatic activity.
INTERNATIONAL PROBLEMS, NO. 3-4, 1998.
NATIONAL PROBLEMS - SOME EUROPEAN EXPERIENCES
TRADITIONAL MULTI-NATIONAL STATES - FROM CONFLICTS TO ASYMMETRICAL COMMUNITIES
NATIONAL PROBLEMS IN RUSSIA AND THE COMMONWEALTH OF INDEPENDENT STATES (article in Serbian)
The article presents various aspects of ethnic problems in contemporary Russia and the Commonwealth of Independent States. To understand Russia’s problems with regard to ethnic relations one must take into account: analysis of the theory of the so-called socialist nation, the national issue in the period of "perestroika", the conflict areas of today, issues that are controversial and contributed to the present day situation. In author's opinion the most significant problems are the disputes in the Baltic countries, ethnic conflicts in the Dniester region, Caucasus and national conflicts in Central Asia. It is generally assessed that these conflicts result from a number of unresolved ethnic problems in the past. However, they are also aggravated by the fact that there is no new theory and practice that would define the national policy towards the complex ethnic problems in a multi-national state such as Russia and the Commonwealth of Independent States as well.
BELGIAN FEDERAL WAY (article in Serbian)
In this paper the author analyses the institutional definition of relations between the following three ethnolinguistic communities in Belgium: Flemings, Walloons and Germanophones. After making a short overview of the history of creation of the multi-ethnic Belgian state, the author points to the main features that characterise the institutional practice of cultural plurality in Belgium. The analysis is focused on the study of the organisation and present functioning of the pluralist institutions in Belgium after the Belgian state has been reformed by adoption of the new Constitution in 1994. This reform has brought about significant decentralisation of the state and many authorities have been transferred to the three regions - Flemish, Walloon and Brussels ones. According to the new Constitution Belgium is defined as a federal state, but with the introduction of the three-level power system (national, provincial and regional) and by encouragement to transfer some significant authorities of the central state to regional bodies, the character of the state as a genuinely federal has become debatable. The author concludes that the new institutional organisation of Belgium becomes increasingly more confederate than purely federal. The question can be also asked as to what extent the current institutional rivalries and asymmetries could save the unity of the country and prevent a possible break-up of the State.
ETHNIC PROBLEMS OF SPAIN AND THE SYSTEM OF AUTONOMOUS REGIONS (article in Serbian)
In this paper the author studies the characteristics of the Spanish experiences in resolving the national question in this multi-ethnic Kingdom. Apart from the short historical overview there has been presented and analysed the system of regionalisation and decentralisation of Spain in the way it is defined by the 1978 Constitution of the Kingdom. The Spanish model is peculiar for the fact that the existing 17 autonomous regions do not enjoy the equal status and are not granted the equal authorities. The author claims that such system is a comparatively successful attempt to establish a model that would help settle the conflicts of ethnic interests. He points to the fact that Spain still faces the terrorist activities of the most extreme segments of the Basque nationalism and separatism and more and more open demands of Catalonia and Basque to redefine the constitutional provisions to turn the Kingdom into a federal state which shoul respect the rights of ethnic groups or communities to self-determination.
AN ASYMMETRICAL CONSTITUTIONAL SYSTEM - SOLUTION FOR GREAT BRITAIN'S NATIONAL PROBLEMS? (article in Serbian)
The article firstly deals with the main characteristics and data pertaining to the complex and asymmetric state system in Great Britain. Case studies (the situation in Wales, Scotland and Northern Ireland) are the basis of an overall historical and present day analysis, and serve to explain the causes for the serious national problems that have been disturbing this complex multi-national and multi-confessional country for a long time. The author gives a detailed presentation of various attempts to find solutions of the problems particularly in Northern Ireland. He presents the new Labour Government’s "constitutional" reform, the so called devolution, which gives relatively broad autonomy and significantly greater power to the Northern Ireland parliament and newly established Scottish and Welsh Assemblies. Special attention has been devoted to the Northern Ireland case and the long lasting peace process that ended with the singing of The Northern Ireland Peace Agreement in April 1998. However, the question remains: can all these reforms and efforts be the firm basis for the real and long-term solution of the national problems in the United Kingdom.
ALTO ADIGE (SOUTH TYROL) - A MODEL FOR RESOLVING THE STATUS OF NATIONAL MINORITIES? (article in Serbian)
After many decades of conflict and negotiation, Alto Adige (South Tyrol) - an Italian province at the border with Austria, populated by three ethnic groups (German, Italian and Ladino speaking) - is nowadays enjoying a wide scope of autonomy, defined in the Autonomy Statute (1972). The basis was given in the Package of Measures (covering primary and secondary legislative and executive competence in local and regional affairs), which was to be implemented following the Calendar of Operation - both adopted in 1969. Full implementation lasted up to 1992. Regardless of its results, the South Tyrol model cannot be considered as a general model for solving ethnic conflict and defining the position of national minorities, concludes the author.
ETHNIC MINORITIES IN FINLAND (article in Serbian)
The article presents the ethnic structure of Finland analysing the legal and actual position of the most significant ethnic minorities in this country. The author has focused his study on the status of the Swedes in Finland: Swedish as the second national language in Finland, the position of the Swedish minority in the field of education, cultural life, dissemination of information in Swedish, political life and other forms of organisation of the Swedes, their religious life, and the special status of the Aland Islands. The author also presents the most important elements of the position of other ethnic minorities - the Saamis (Lapps), Gypsies, Jews, Tartars, Russians, etc. He acknowledges the efforts Finland has made in defining the position of the Swedish minority and the system of autonomy of the Aland Islands. He also notes that Finland is one of the countries that has signed all most important international agreements on minority protection. The author, however, calls attention to the fact that there are some controversial and even contradictory aspects of the overall system that defines the position of minorities in this country - special status of the Finns in the Aland autonomy, the position of other minorities that is not by far favourable as the Swedish is, etc.
ALAND ISLANDS - LOCAL SELF-GOVERNMENT AS A SOLUTION FOR THE POSITION OF NATIONAL MINORITY (article in Serbian)
The author presents and analyses the Aland model of local self-government within the Republic of Finland. He firstly makes a historical overview of all attempts since 1920 to resolve the problem relating to autonomy of the Swedish national minority in Finland. The author describes all constitutional, legal and statutory legislation in the evolution of autonomy of the Aland Islands. Broad rights that the local Swedish population gained on the Aland Islands have lessened its claims to secede from Finland and join Sweden. This is the most important thing proving that this model of autonomy successfully works in this country. In the author's opinion, the analysis of the Aland model of autonomy makes one conclude that it is peculiar in many ways and it would be very difficult to apply it under different circumstances in other countries.
FRENCH CASE - A SPECIAL STATUS FOR CORSICA (article in Serbian)
The article deals with the special legal status of Corsica and the ways the French law, resting upon the principle of legal equality of all citizens and parts of the national territory, endeavours to resolve the problem of actual differences and specific features of the etnicities which make the French nation. This is for the fact that the French legal system and political culture traditionally do not recognise linguistic, ethnic or other minorities. The solution is sought in the attempts to adjust the actual legislation and flexibly interpret the principle of equality in the public law that should be based on the principle of positive discrimination.
CZECHOSLOVAKIA - A PEACEFUL SEPARATION AND NATIONAL PROBLEMS IN NEWLY CREATED STATES (article in Serbian)
The author describes and analyses national problems in Czechoslovakia and the Czech Republic and Slovakia as its successor states. He gives a general view of the development of national relations in Czechoslovakia before and after World War II, delineating the developments that twice caused the break-ups of Czechoslovakia. Described are also the attempts of the Sudete Germans to secede from Czechoslovakia and join Germany, the resettling and exchange of population right after the war. A separate chapter deals with resolving of the national issue in the newly created states of the Czech Republic and Slovakia. Presents are some institutional solutions, the development of ethnic relations and their impact on the political life in the newly created states. The author gives a special consideration to the Hungarian national minority in Slovakia analysing within this context the Agreement on Good Neighbourly Relations and Friendly Co-operation that was concluded between the Republic of Slovakia and Republic of Hungary in 1996.
POSITION OF THE HUNGARIAN NATIONAL MINORITY IN ROMANIA (article in Serbian)
The author presents quantitative and qualitative analyses of the position of national minorities in Romania. He firstly gives some data on the number of national minorities. Then he describes how the position of minorities has been defined in the constitutions and legislation in the period since 1923 up to the present days. The position of national minorities serves also as a basis for the author's analysis of the relations between Romania and its neighbours. He focuses his attention on the position of the Hungarian national minority since it is the most numerous one - 7.1 per cent of the total population in Romania. The author studies the Agreement on Understanding, Co-operation and Good Neighbourly Relations signed between Hungary and Romania in 1996. This is the document that, among other things, defines relations and protects rights of the Hungarian minority in Romania and Romanian one in Hungary.