INTERNATIONAL PROBLEMS, 1999

Review of International Affairs

INTERNATIONAL PROBLEMS, NO. 1-2, 1999

STATEMENT AND APPEAL FOR PEACE (in Serbian and English)

The NATO armed attack against Yugoslavia is a serious violation of a number of provisions of international law. First of all it is a violation of the imperative rules of international law as written down in Article 2, paragraph 4 of the UN Charter, by which not only the use, but even the threat of use of armed force by States is absolutely prohibited. Armed force may be used only in accordance with the relevant resolution adopted by the UN Security Council with the aim of keeping the international peace and security and exceptionally in compliance with the resolution "United for Peace". States may individually resort to the use of armed force only in accordance with their right to self-defence that is affirmed by the Article 51 of the Charter. They may do it only to repulse the attack that has already started against them.

Therefore the armed action of the NATO member States against Yugoslavia is an act of aggression as given in the definition of aggression, which was unanimously adopted by the UN in 1974 (GAUN, Res. No. 3314). Contemporary international law had gradually begun to build at the First Peace Conference in The Hague (1899) and was conceptualised in the UN Charter in 1945. It is a reflection of the legal consciousness of mankind, of a conviction that in an organised democratic community problems must not be resolved by uncontrolled use of force. Therefore, the armed aggression against FR Yugoslavia is at the same time an attack against the very foundations of the international community. It is also an attempt to revert to the times when the undisguised force was above the rule of law.

The armed aggression committed by the nineteen NATO members States is an international wrongful act that implies international responsibility. The International Military Tribunal at the Nuremberg trial established that the aggression or the crime against peace is an international crime that involves individual criminal responsibility. In accordance with the Article 6, paragraph 2 (b and c) and the Article 8 of the Statute of the Court members of the NATO armed forces are responsible for the war crimes. There are two kinds of responsibilities - the responsibility of individual states and responsibility of individuals who have participated in the aggression directly or as order givers. In accordance with international law, each individual who made the decision to commit aggression against Yugoslavia, including even the heads of the States and NATO officials, should be held responsible. In the spirit of the rule of law the responsibility should be established in impartial court proceedings.

There are strong indications that during its campaign against FRY the NATO forces have also committed serious violations of the rules of international humanitarian law of armed conflicts (The Geneva and Hague Conventions, etc.). All parties involved in the armed conflict caused by the intervention of the NATO against FRY are obliged to respect those rules. Civilian property is destroyed and damaged including the infrastructure essential for the life of civilians (bridges, railways, etc.), civilians are killed and their lives are endangered, the economy of FRY is being destroyed, the economic, environmental and other interests of the neighbouring countries are jeopardised, the environment is heavily degraded, etc. Civilians, primarily children, pregnant women, old and sick people suffer not only physically, but also because of psychological trauma. Each violation that is defined as a "grave breach" of the above mentioned law is an international crime, too. The basic rule of that law is that the parties in conflict are absolutely obliged to distinguish civilians and civilian property from combatants and military property; the former ones enjoy absolute protection. Therefore, if in carrying out the hostilities the NATO air force did not take measures of precaution, thus causing death of civilians and destruction of civilian property, NATO is responsible for its consequences. The responsibility for such actions follows the line of the so-called command responsibility that includes the highest rank officers who have commanded the operation as well as those who have directly performed the tasks in the field.

By attacking FR Yugoslavia the NATO has also violated its own Statute, particularly provisions under which NATO would act only if one of its member States were attacked (the NATO Treaty adopted in 1949, Articles No. 1, 2, 5 and 6). Apart from this, some NATO member States have violated their own Constitutions as well. This especially applies to Germany, which by participating in the aggression against FR Yugoslavia has violated both its own Constitution and the 1990 Unification Agreement, which provides for the new unified state never to take part in armed campaigns that are contrary to the provisions of its Constitution and the UN Charter. The Government of the USA has also violated its Constitution since, among other things, it lays down (Article No. VI) that the international treaties concluded by the USA are the supreme laws of this country that judges in all federal states should respect. The above mentioned treaties include the UN Charter as well as many other ones that have been violated by the committed aggression.

We appeal to the whole world public, and particularly to universities, research institutions and all people of goodwill, to condemn the NATO military action, to demand its cessation and to press for immediate political negotiations in order to avoid new victims, destruction of economic facilities, cultural property, places of warship of all religions, infrastructure, heavy degradation of the environment and all other damage, as well as to prevent further flagrant violation of contemporary international law.

Institute of International Politics and Economics, Belgrade

 

Brana MARKOVIĆ

FIFTY YEARS OF THE JOURNAL “INTERNATIONAL PROBLEMS” (in Serbian and English)

In April 1999 the journal ”International Problems” will celebrate a truly rare jubilee - the 50 th anniversary of its continuous publishing. The first issue of “International Problems” was brought out in April 1949 as a journal of the Institute of International Politics and Economics, Belgrade, that had been established a year and half before. With fifty years behind it our periodical is the oldest scientific journal in Yugoslavia thoroughly dealing with the study of international relations. All these years our journal has changed its appearance, contents and editors, it had its ups and downs in quality, but all that time we have striven to follow the basic motto that was recorded in the first issue of the journal fifty years ago. In the Editorial “A Few Words on the Tasks of Our Journal”, it was said “that we shall try to do research of the facts and events in the international economic and political life, to study them impartially and present them as they really are and not what they seem to be or what we would like them to be.”

As it is the journal of the Institute of International Politics and Economics, one of the basic objectives of the “International Problems” is to present to the academic, professional, political and broad public in the country and abroad the achievements of research that have mostly been done at the Institute. It includes the fields of international political relations, world economy, international economic relations, social, economic and political developments in some countries and regions, international law and institutional frameworks of international relations. The journal also publishes articles on Yugoslavia that primarily have to do with the processes in the sphere of international relations or foreign political and economic relations of our country. By publishing studies and articles that have especially been written for our journal we have established extensive co-operation with Yugoslav and foreign authors, these being prominent experts in the theory and practice of international relations.

Our journal publishes studies, articles, essays, papers, chronologies, book and periodical reviews in the field of international relations. Of particular significance are texts which treat international issues from a broader theoretical perspective. Then follow analytical studies dealing with some processes and phenomena in the world, articles encouraging polemical dialogue, papers submitted at round table discussions, talks with distinguished Yugoslav and foreign visitors from the academic and political life. We also publish documentation and information contributions. The basic orientation of the journal is to be open to various kinds of conceptions, experiences and solutions in the sphere of contemporary international relations, to present different and even opposite views, to publish critical reconsideration of dilemmas and open problems, to bring face to face theoretical models and experiences in practice. The openness to different and even opposite views that do not necessarily reflect those of the editorial board is one of the greatest merits of our journal.

It is our great pleasure to point out that among the authors whose articles have been published in our journal are the founders of the science of international relations in our country as well as outstanding figures in the field such as Milan Bartoš, Albert Vajs, Bora Blagojević, Juraj Andrassy, Leo Mates, Milan Šahović, Ljubivoje Aćimović, Bojana Tadić, Sonja Dapčević Oreščanin, Zorica Priklmajer, Jokica Hadživasileva, Edita Vajs, Ljubiša Adamović, Branko Pribićević, Ranko Petković, Obrad Račić, Miodrag Sukijasović, Marijan Hubeni, Vladimir Glišić, Djordje Ladjević. Here we also have the pleiad of distinguished authors from a somewhat younger generation: Konstantin Obradović, Blagoje Babić, Džemal Hatibović, Milenko Kreća, Vid Vukasović, Predrag Simić, Vladimir Grečić, Oskar Kovač, Momir Stojković, Radovan Kovačević, Jelica Minić, Tomislav Popović, Milan Vojnović, Edita Stojić Karanović, Dušan Nikoliš, Nina Dobrković, Branka Alendar, Ljubivoje Prvulović, Zoran Stanojević, Jelica Kurjak, Zlatko Isaković, Rozita Levi, Slobodan Pajović, Ljubica Zjalić, Dušan Bataković, Boris Krivokapić. Finally, there is an inexhaustible source of young researchers who have already acquired reputation and who are going to be the future of our science of international relations. The list of authors is very long, but, unfortunately, it is not possible to mention them all.

The journal has also been open to prominent foreign authors. Among others, the studies of the following authors have been published in our journal, such as: Bert Röling, Anatol Rapoport, Asbjorn Eide, Oleg Bogomolov, Tomas Balog, József Bognár, Luis Diaz Müller, Joshihiko Seki, Solon Ardittis, Fred Warner Neal, Stelios Alifantis, Erich Fröschl, Garet Williams, Andreas Stadler, Michel Foucher, Robert E. Anderson, Sean Gervasi, Peter Radan, Yasushi Akashi, Tomas Fleiner, Vladimir Baranovsky, Chris Spencer, Johano Strasser, Iván Vitányi, Peter Havas, Alexander Sergounin, Daniel Nelson, A. J. R. Groom, Peter Mandaville.

One of the permanent orientations of our journal is to publish special issues or sections on current topics that are of special theoretical, political or practical significance. It is these issues that our readers are most interested in. Let me mention only a few of such topics: The Balkans after the Cold War (No. 1-2, 1993), Russia and Eastern Europe - Four Years After (No. 3-4, 1993), Conflicts in Former Yugoslavia and International Criminal and Humanitarian Law (No. 1, 1994), Continuity of International Personality of FR Yugoslavia (No. 3, 1994), The European Union and the World (No. 4, 1994), The World and Yugoslav Crisis (No. 1-2, 1995), Security in Europe in New Conditions (No. 3, 1995), Dayton Agreement - Prospects for Peace (No. 1-2, 1996), Leading World Powers, the Balkans and Yugoslav Crisis (No. 1, 1997), National Problems - some European Experiences (No. 3-4, 1998).

From the issue No. 1-2, 1992 to No. 4, 1995 inclusive, the journal continuously published The Chronology of the Yugoslav Crisis in the Documentation section. In 1996 the Institute published the whole chronology under the title “Yugoslav Crisis and the World - Chronology of Events - January 1990-December 1995”.

“International Problems” is a quarterly publishing articles in Serbian or English, with summaries in English or Serbian, respectively, and abstracts in English language. Apart from the regular, paperback edition, we were among the first in Yugoslavia that since 1991 have appeared it in electronic form. Since January 1997 “International Problems” have been presented at the Internet within the Institute’s Homepage. The journal is edited in compliance with the YU Standards as well as with the ISO international standards and it belongs to the category of periodicals of international character. From the first issue published in 1949 till today the journal has changed its appearance four times. The front page of the new series started with the issue No. 1, 1994.

“International Problems” is presented in the following publications: ABC POL SCI, A Bibliography of Contents: Political Science & Government, ABC-CLIO, Santa Barbara, California, Oxford, England; International Political Science Abstracts, International Association for Political Relations, Paris; Ulrich’s International Periodicals Directory, New Providence, N.J., USA; NIRA - National Institute for Research Advancement, Tokyo; Anderson Randu and other leading world index books in the field of international relations. Among foreign subscribers and readers of our journal are the leading world institutes, universities and faculties, libraries, state institutions, diplomatic missions, political organisations, corporations and economic chambers, international organisations and a large number of researchers, professors, political leaders, businessmen and journalists.

The most meritorious ones for continuous publishing of our journal for 50 years, for keeping its quality high and gaining reputation in our country and abroad too, are certainly the numerous authors who have written their articles for our journal. Among those whose contribution to a constant rise of quality has been less visible are Vukica Mojsić and Slavoljub Ivanović, excellent language editors, Aleksandra Janošević, English translator, and Ivan Knežević and Borivoje Ušćumlić, the former and present technical editors, respectively. Of course all former and present members of the editorial boards also deserve credit, and above all, credit should be given to all editors in chief: Ivan Karaivanov (from No. 1, 1949 to No. 4, 1951), Radivoje Davidović (from No. 5, 1951 to No. 4, 1953), Jovan Marinović (No. 1, 1954), Marko Perić (from No. 2, 1954 to No. 3/4, 1957, and No. 4, 1958), Sonja Dapčević Oreščanin (from No. 1, 1958 to No. 3, 1958, and from No. 1, 1959 to No. 1, 1961), Novica Blagojević (from No. 2, 1961 to No. 1, 1962), Mihailo Adamović (from No. 2/3, 1962 to No. 4, 1974), Ranko Petković (from No. 1, 1975 to No. 3/4, 1977), Nemanja Božić (from No. 1, 1978 to No. 4, 1984), Konstantin Obradović (from No. 1/2, 1985 to No. 2, 1991). The present editor in chief (from No. 3/4, 1991 onwards) is Brana Marković.

With this issue “International Problems” starts its 51st year. In order to show at least a part of what has been presented to our readers in the past years, in the appendix we publish a survey of its contents in the last five years - from the issue No 1, 1994 to No. 3-4, 1998.

Ljubica M. ZJALIĆ

DEVELOPMENT THROUGH SCIENCE - WHAT KIND OF SCIENTIFIC AND TECHNOLOGICAL POLICY DO WE NEED? (article in Serbian)

SUMMARY

Potentials of available and new scientific knowledge and technological ability to use this knowledge quickly are directly dependent on a good policy of scientific and technological development. The tendency is to make the policy of scientific and technological development harmonized and in close interaction with economic, educational and other developmental policies. Such approach should contribute to overall social progress and to the wellbeing of each individual. Development through science should be first priority. That is why the author considers that Yugoslav government should define scientific and technological policy in a way to provide working, financial and other conditions for thorough and systematic work of scientists and scientific institutions. Investments into science will be recovered many times over through faster economic development, greater competitiveness in international economic competition and a higher living standard.

What kind of scientific and technological policy do we need - is a current topic considering it from the aspect of inclusion of the science into development. This is because the opinion prevails that scientific ideas, in themselves, really do not lead to scientific discoveries unless they are supported and followed by an appropriate scientific policy.

One could think that in its development the science (as a theoretical structure) follows its own internal logic, its autonomous dynamics, since scientific research imposes scientific ethics, that on the scale of values includes, above all, searching for knowledge taken as its own end. By the effects it produces, the science is, yet, not neutral. The work of scientists, spreading and keeping of knowledge with which deal institutions that have been integrated into the society, is a social act. Therefore, the science cannot be taken as a development that does not depend on some other elements of the social process that exert a great impact on it. In that regard it arises from the political system, too. Although quite different these are two aspects that are basically complementary to each other.

The contrariety of approaches giving precedence to scientific objectives and the approach that fits into the social and economic ends or, yet, the discussion that alternatively deals with the question of freedom or planning of research, cannot be separated from each other. This is for the fact that in neither of the cases the problem is treated within the same frameworks. Two aspects are connected with each other: for a scientist with his prestige occupation, the science planning as a theoretical foundation depends on sociology, economy and other disciplines belonging to the science themselves; for politicians (the state) the science is, on the contrary, a field of forecasting, choosing and decision-making that is equal to some other elements of the social system whose important part it makes. Therefore, the universality of the science as cognition as well as a common factor of development of all societies at the same time demands reconciliation of the two aspects that do not exclude each other. Two basic forms of the universality illustrate the complementarity of these two aspects. And the demand resulting from the ethics of the knowledge itself is reduced to the one that the achievements of the research efforts should be available to all people.

It should be recognised that the uneven division of scientific and technological potential all over the world is one of the most serious problems that is characteristic for the present age. Highly-trained scholars in one society enables it to take a dominant position in international relations, since the materialisation of their ideas in the science influences the everyday life of all people. For this reason, a scientist becomes most greatly aware of that, as well as of his social role, responsibility and participation in various stages of progress in the creative work. In that way, encouragement of scientific, technological and, in general, intellectual creative work will reach its climax, thus becoming involved in various activities of the multi-dimensional development of a society. But, within these frameworks there should be ensured resources for a scientist to work and live, as well as guarantees that would enable him freedom in his creative work. The society (state) should give incentive to this in order to ensure continuity in shaping of scholars and encourage comparative research. By establishment and consolidation of the bodies whose task is to work out the scientific and technological policies and continue the action for the purpose of fundamental reorientation towards expanding capacities of a country to pursue its own scientific and technological development according to its own needs and means, development through the science is encouraged. In order to achieve this, it is necessary to have the scientists who have been educated by the global analysis method, being capable to identify the problem and choose the technique (methods) that would help them come to the solution.

Since the science and technology have caused disturbing effects in the fields that are very significant for life (war, economic competition, nutrition, health care, environment, etc.) it is assumed that they should be organised in a thoroughly new way. This is because the research of development relies on the complexity and solidity of the science and equipment, on the great progress of knowledge, as well as methodological research work gathering around numerous professionals and technical and office staff. However, still too small resources are allocated to the science. This results in scientific and technological backwardness (particularly of our country) and it is paid by even greater dependence on developed countries. Then are made attempts to compensate the achievements of the modern science and technology by creation of an autochthonous technological structure that suits their nature, or by technology transfers. The comprehensiveness and significance of the effects that the science and technology produce on the society have made the states consider a set of problems that concern the development of the scientific and technological policy, influencing in that way the course of the development. And it is exactly what the scientific and technological policy deals with. That policy concerns the arrangements involving the resources which are necessary for creative work and application of scientific and technological knowledge as well as granting of funds for scientific and technological research. However, very topical becomes the issue regarding the way of financing the scientific and technological development. Yet, no restrictions (especially not financial ones) should be an obstacle to development through the science since the present conditions make it possible to direct the science towards resolving of the particular problems, thus including it into international co-operation, too. Therefore, scientists are willing to do research of the highest grade, being aware that the limits between the theoretical and applied research are not so strict and orienting themselves to the interdisciplinary and multidisciplinary approach as well. And development that is to be guided by the scientific thought all until certain results have been achieved, should be, of course, carried out by the scientific and technological policy, concludes the author.

Miodrag MITIĆ

NATIONAL MINORITIES AND CITIZENSHIP (article in Serbian)

SUMMARY

The author analyses numerous documents adopted by various international organisations that treat the rights of national minorities (UN, OSCE, etc.). He points to the fact that most of the documents do not define the national minority, thus avoiding to express a clear determination on whether the citizenship is an element of that notion. In a considerable part of the legislation of European countries it is, yet, insisted on the position that a member of a national minority can only be a person with citizenship received by the given country. In this way he can achieve the rights that belongs to him correspondingly. Such a position is also expressed in a number of deposited declarations of the European states that ratified the Framework Convention for the Protection of National Minorities of the Council of Europe. Some newly created states share the same position (Slovenia and some Baltic states - former republics of the USSR). In this way they wanted to exclude from achieving rights the persons who had not been granted citizenship of the given country, what especially referred to migrant workers and refugees. Not recognising the citizenship to the persons who received it from the former common state, and who are at the same time of some other national origin, they make attempts to prevent creation of new national minorities in their countries. The Commonwealth of Independent States has acted in the opposite way and the author presents it. The Commonwealth adopted the Convention on Guaranteeing Rights to Members of National Minorities. The Convention includes the definition of the national minority also guaranteeing the rights to the citizens of now various (newly created) states. According to the Article No. 1 of the Convention these rights are applied to members of national minorities who permanently reside in the territory of a party to the agreement and have acquired its citizenship, being different from the majority of population of the party to the agreement by its ethnic origin, language, culture and tradition.

In its General Comment on the Article No. 27 of the International Covenant on Civil and Political Rights the Human Rights Committee also claims that the terms used in this article point to the fact that the persons to be protected are those belonging to a group or sharing the common culture, religion or language. These terms do not imply that the persons to be protected should be citizens of the state party, and therefore, citizenship is not an element included in the notion of minority. The position of the Committee is that a state cannot deny these rights to migrant workers or even visitors to the state party. Like any other individual in the territory of the state party they would achieve general rights such as, for example, freedom of association, freedom of assembly and freedom of expression. The state should not decide on whether an ethnic, religious or linguistic minority exists in it, but is should be determined by some objective criteria. As the author asserts, such position of the Committee has a relative value and limited effects since the provisions of the Covenant as an international treaty can be officially interpreted only by parties to the agreement.

Experts in international law have also different opinions on this matter. However, most of them think that citizenship of the given states is a necessary element included in the notion of the national minority. The author of the article is of the opinion that citizenship should not be a necessary condition for achievement of minority rights. But if some groupings, such as migrant workers, are excluded from achieving minority rights due to the fact that they have not been granted citizenship, then there should be ensured for them achievement of some other categories of rights and their protection.

Vid VUKASOVIĆ

THE ROLE OF INTERNATIONAL ORGANIZATIONS IN THE FIELD OF WATER PROTECTION IN EUROPE (article in Serbian)

SUMMARY

The article deals with the role of international organizations in the field of water protection in Europe, primarily from the international legal point of view. After dealing with the problem concerning definitions and terminology, the author critically examines the role of international organizations on various levels from those of paneuropean character, as for instance UNECE, CE or EU, to those of subregional and even inter-regional nature, as for example the Working Association of Danubian Regions. The author devotes a considerable part of his article to the work of the EU in the field of environmental protection in general and water use and protection in particular. He stresses the importance of EU activities in this field for all European countries including the non-member ones, and especially the so called countries in transition. The author also stresses the importance of international organizations and other international institutional arrangements, which have not all characteristics of classical intergovernmental organizations (for instance, SECI and various working associations) as well as NGOs. He believes that besides political problems there are also other obstacles for better cooperation in the field of use and protection of water resources in Southeast Europe. In the first place it is economic underdevelopment of most of the so called countries in transition which can hardly find enough financial means for environmental protection in general, as well as for protection of water resources. Finding financial and technical resources is because of that one of the main tasks of all the institutional arrangements active in this region.

The author’s conclusion is that the role of international organizations and other international institutional arrangements is increasingly gaining in importance. Without them it is hardly possible to imagine international co-operation in this field. FR Yugoslavia should participate in their activities, as much as it is possible while there is still the so called outer wall of sanctions, and fully immediately after it is removed. Especially important for FR Yugoslavia are naturally those organizations that are engaged in protection of the Danube’s Basin and of Adriatic Sea, in which it already participates to a certain extent. All other international organizations also deserve attention of Yugoslav authorities responsible for environmental issues and especially organizations and other institutional arrangements of paneuropean character in which general European environmental policy-making and important work of further development of international environmental law, for instance drafting of new conventions, is being done.

Mirko STOJČEVIĆ

CONTEMPORARY TENDENCIES IN THE WORLD ECONOMY AND DEVELOPING COUNTRIES (article in Serbian)

SUMMARY

In this paper the author studies the main conceptions and elements of the process of globalisation and the impact they exert on the prospects for development of co-operation among developing countries. He firstly points to the fact that in many aspects the world economy is more integrated than in any other period of the history. The level of integration is uneven by geographic areas and this unevenness also applies to the fields of economic life. Taken as a whole the growth of the world economy is too slow to make it possible to achieve fuller employment and appropriate wages as well as to eliminate poverty. The rise of gap in the degree of economic development between industrialised countries and developing countries is also followed by division in the level of economic development within the group of developing countries. Actually, the group of the so-called newly industrialised countries of South-eastern Asia is conspicuously ahead of all other developing countries. The financial field takes priority over industry and rent collecting over production. Capital has become more important than labour and profit rates have grown both in developed and developing countries.

According to the author's opinion the idea that acting of the unrestrained market laws will bring about catching up of developing countries with developed ones could hardly be historically and theoretically justified. The neoliberal paradigm of free market is supported by Bretton-Woods institutions which, in spite of the adverse effects of the policy they have pursued so far, keep on insisting on implementation of the structural adjustment policy that is based on the market liberalisation. GATT and later WTO, as being under the decisive influence of developed countries, advocate the policy of opening of markets to exports and investments of transnational corporations and financial institutions, this particularly applying to developing countries.

The financial crisis in Asia has greatly resulted from the application of the neoliberal conception of globalisation. The work on making of the multilateral agreement on investments, MAI and MIA, is actually, an attempt to introduce the neoliberal conception in this field, too. The partnership paradigm and the conception of sustainable development that were supported by developing countries, they being expressed in the documents that were adopted at the conference in Rio de Janeiro, have been pushed aside and deprived of all main levers of influence, claims the author.

The basic condition for promotion of co-operation among developing countries is to work jointly to resist the expansion of the neoliberal conception of globalisation. As the author concludes it is of the key importance to avoid such economic co-operation among developing countries that would actually entail mutual co-operation of transnational corporations operating in developing countries.

Džemal HATIBOVIĆ

RISE, CRISIS AND FUTURE OF EAST AND SOUTH-EAST ASIAN ECONOMIES (article in Serbian)

SUMMARY

For forty five years East and Southeast Asian countries have kept on surprising and impressing the world by setting records by rapidity of growth of their industrial output and gross national product. The Asian economic miracles have been following one another for almost half of a century. In the 1950s it was Japan, then followed Hong Kong, Taiwan, South Korea and Singapore in the 1960s and 1970s, while in the 1980s and 1990s China has taken the lead. This economic rise of a number of East and Southeast Asian countries has been one of the greatest achievements of the mankind, since not ever in its history have such a large number of people managed to overcome their poverty that shortly, starting to live a life the man really deserves to!

Due to such dynamics of growth Japan is today a technological and financial superpower, China is the second in the world by its real gross national product and foreign exchange reserves, South Korea is the world greatest manufacturer of ships and chips, Singapore is the world recorder by its per capita foreign exchange reserves and the third by the level of its income per capita, etc.

Such achievements have resulted from the several factors and they include: domestic cultural heritage and rapid development of education that it has enabled, introduction of market as the key regulator of economic life, orientation of their state administrations towards fostering of economic growth, foreign policies that have favoured growth or enabled selective and voluminous imports of foreign capital and technologies, openness of large markets to products coming from Asian countries, Japan as a positive example as well as its economic and technological maturity, and some others, too.

Big surprises for the world were also the currency and financial crises that since mid-1997 have affected some East and Southeast Asian countries. They turned into the general crises that spread like a virus all over the world striking Russia and Brazil most severely. The world was unprepared and twice taken by surprise: first, by the fact that the crisis broke out in the regions where excellent economic performances had been made, and second, by its scope or actually the amount of short-term debts of the three countries in the region: South Korea, Indonesia and Thailand that turned out to be the main cause of the crisis. Indonesia was most severely affected and this is illustrated by the fact that in a year period one third of the population fell below the line of poverty. However, if the present trend persists, by the end of 1999 another third of its population might share the same fate.

Due to the capital flight, denial on the part of financial institutions to grant new credits, the failure to materialise the potential production, devaluation of domestic currencies and share depreciation of domestic companies, in only a year and a half countries of the two regions lost about $ 1,200 billion, while the global financial wealth (the so-called fictitious assets) was even to a greater extent erased by the unstable market.

The crisis reflected on the outside world in different and often dual ways. It mostly did harm to developing countries since it made capital more expensive and foreign investors more cautious, also cutting the raw materials and oil prices. Concerning the super industrialised counters, since the American banks were not much involved in these affairs the Asian crisis did less harm to the USA than to Japan and the European Union. It actually much more helped the USA by cutting the raw materials and oil prices and enabling it, owing to the strong dollar and collapse of Asian currencies and share prices of Asian companies, to buy out very cheaply many sound companies in this continent.

Due to their overdoing some good qualities of the Asian elite turned into the opposites or actually their weaknesses, becoming thus the main cause of the crisis. For the previous success they had made the elite became too ambitious, self-confident, wishing to achieve such a level in a very short time that would make possible to keep abreast with the super industrialised countries in consumption as well as in production. In that way they overdid in borrowing, investments and consumption. In some other cases they also overdid in liberalisation of financial markets and their deregulation. It was not the risk capital that caused the crises (but it did accelerate and deepen them), but it was the faulty foreign exchange rate policies, excessive imports and too high deficits of the current balance of payments, too heavy short-term indebtedness, the fact that the data on short-term debts were hidden or those in charge were not acquainted with them, as well as incautiousness of foreign investors that was caused by too high profits and good economic performances.

The attempts are made to overcome the crises by taking new credits arranged by IMF, on one hand, and on the other, by making one's own efforts (under the pressure of IMF). Making one's own efforts include tightening of belts through cutting both investments and consumption as well as application of structural adjustments and change of the corrupted governments. Structural adjustments, yet, include demonopolisation, more flexible labour markets, reorganisation of the financial systems and its greater transparency and control on the part of central banks, enabling foreign direct investors to have controlling shares in domestic companies, elimination of the oligarchy conjunction of the government and big business, etc.

At the beginning these measures were very painful, but later some positive results were achieved. As early as in late 1998 one could notice that South Korea and Thailand are on the way to unfailingly recover their economies, while in the case of Indonesia this is not quite certain but is likely to occur.

With recovery of the countries affected by the crises, including Japan, keeping up the economic dynamics of China that has slightly slowed down, and with acceleration of growth in other Asian countries that can be expected, Asia is on its way to become, before the mid-21st century, greater producer of goods and services than the rest of the world taken as a whole. At least to the extent to which the 19th century was the one of Europe and the 20th has been of America, it will, in that way, make the next century the one of Asia.

Branislava ALENDAR

CENTRAL EUROPEAN FREE TRADE ASSOCIATION AND EUROPEAN UNION (article in Serbian)

SUMMARY

In the nineties Central and East European countries (CEE) joined the process of European integration. Their societies and economies are exposed to fundamental changes that are imposed by the transition and requirements of the European Union (EU). The fact is that the European Union has decided to admit all European countries that expressed such wish, enabling them first to become associate members by signing the European Agreement with them.

All changes in the CEE occur simultaneously. First are the systemic social and economic reforms which are the essence of the transition process, but also the prerequisite for constituting the co-operation with the European Union. The very adjustment of the CEE to the rules of the European Union is carried out on the basis of the alleged pre-accession strategy that includes adjustments to the internal market of the EU in twenty three fields as well as the mutual co-operation of these countries within a free trade zone. With the aim of accelerating these processes a new integration grouping - the Central Free Trade Association (CEFTA) - has been added to the chart of the European integration. Its members are the Czech Republic, Hungary, Poland, Slovakia, Slovenia, Bulgaria, Romania and Estonia.

The results that CEFTA has already achieved are relevant for all European countries whose ultimate goal is to become full members of the European Union. Yugoslavia could once join the CEFTA with the same idea. Moreover, the countries that have not yet concluded the European Agreement - Yugoslavia, Croatia, Bosnia-Herzegovina, Macedonia and Albania - have to form their own free trade zone according to the regional approach of the EU. These countries once will face same problems that CEFTA is facing in co-operation with the European Union: problems of trade and trade liberalisation between unequal partners, problems of production specialisation, concentration and reallocation. The results that the CEFTA has achieved are instructive, especially when the efficiency and the extent of mutual co-operation and integration at the subregional level are concerned. In the given situation in Europe the subregional agreement prove to be only a support to the adjustments of the member countries to the European Union. Its main function and effects have, consequently, been redirected.

The paper deals with the development of the CEFTA, its co-operation with the European Union, while the trade of sensitive products is especially treated. The group of sensitive products makes 40-50 per cent of the production and covers about 40 per cent of employment in manufacturing industry, as well as 50-70 per cent of the CEEs exports to the European Union. At the same time, sensitive products make a special and delicate part of the European Unions production structure. Both in the CEFTA and European Union sensitive products are especially protected. Taking into consideration the difficulties and dilemmas imposed by the transition, in choosing the sectors that should be given special support (subsidies) the experience of the CEFTA countries in handling the issues of sensitive products is instructive.

The analysis reveals weaknesses of regions and industries in the EU, and at the same time it points the inevitability of restructuring production pattern in the associated member states that are somehow part of the European Union. In the EU any disturbance in industries of sensitive products would affect employment. Jeopardised are the least developed as well as the most powerful economies, but those sectors have higher significance at the level of regions than at the national level. Therefore, their susceptibility to the imports of these products from CEE can be justified by regional interests (and lobbies).

The solution for the problem should be achieved by functional links with the South of the EU, as well as by establishing of intra-industry co-operation between the CEEs and the EU. The CEEs production is directed towards specialisation in labour-intensive sectors. Entering the European hierarchy of high technology is possible via production whose process of production is separated from that of research and development.

The effects of transition make unclear the effects produced by preferential trade arrangements (CEFTA and the European Agreement). The regional preferential arrangements are attractive for their favourable production effects. Due to liberalisation reallocation of resources, specialisation and concentration are carried out. It is therefore more realistic that the reallocation of resources occurs within the preferential arrangement with the EU than within the CEFTA. The only role of the CEFTA is to additionally support the main trend i.e. the integration of CEE countries into the internal market of the EU.

The possible lessons Yugoslavia could draw from the experience of the CEFTA. It is necessary to define the pattern of specialisation, as well as participation in the European division of labour and both have to be based on the sound national strategy of development. Only in that way is possible to successfully carry out transition and inclusion into the integration processes in Europe. Otherwise, it is less likely that the success would be made under the conditions of the new European competition.

Ljubivoje PRVULOVIĆ

COMMONWEALTH OF INDEPENDENT STATES: ECONOMIC POTENTIAL AND COOPERATION WITH FOREIGN COUNTRIES (article in Serbian)

SUMMARY

The Creation of the Commonwealth of Independent States (CIS) is connected with the process of dissolution of the Soviet Union in late 1991 and its transformation into several new states of which some decided to join CIS while the others remained outside of this loose community. Regardless of the fact that some CIS members were in a difficult economic position after the break-up of the USSR, these newly created states, and Russia and the Ukraine in particular, keep on being a significant segment of the European and even world economic area.

The process of transformation of the federal republics of the former USSR into new states has been partly completed. Fifteen new states have been created in the territory of the former USSR, while 11 of them are members of CIS, a loose community, and they are as follows: Russia, the Ukraine, Byelorussia, Kazakhstan, Moldavia, Armenia, Azerbaijan, Uzbekistan, Turkmenistan, Kirghizia, Tadzhikistan. The following 4 independent and sovereign states have remained outside of CIS: Lithuania, Latvia, Estonia and Georgia. All the states mentioned above were recognised by the international community as independent states and all of them became members of UN, CSCE, and other universal or regional international organisations.

All the newly created states are not in the same position. Some of them are large by the area they cover, but are sparsely populated. Some others belong to a group of countries that are comparatively economically developed but they are small by the area they cover as well as by the number of their inhabitants. For these reasons they are incapable of sustaining their economic development independently. Of all CIS member countries it is only Russia and to some extent the Ukraine that could play a significant role in international economic relations by their export potentials and import needs.

After the break-up of the USSR CIS member countries almost broke off their mutual economic relations and most of them focused themselves on intensification of their economic co-operation with Western countries, and EU member countries in particular. This was primarily the case with the European members of this regional grouping. Russia, Baltic states that remained outside of CIS, Moldavia and the Ukraine, particularly manifested such an orientation.

In the period of so called transition most of the former European socialist countries expressed their interest in accessing EU. At the same time EU also asserted that it was its interest to achieve its enlargement to the East. The incentive for this was given by the so called Agenda 2000 that was adopted in summer 1997, thus opening the path to accession of new member countries to EU. Due to their difficult economic position all CIS member countries are compelled to take economic and financial assistance that is rendered from the Western countries and international financial institutions.

The orientation of these countries to intensification of their economic co-operation with Western countries, and EU in particular, has made less relevant the interest to develop their mutual economic co-operation. There are, however, certain objective reasons and interests of some of these CIS member countries to revive their mutual economic co-operation - their economic potentials and previous long-term economic links and even interdependence. The possibilities of such co-operation are most promising in the fields of manufacture, exports of energy and other commodities, what primarily refers to Russia, Ukraine, Kazakhstan and Azerbaijan.

 

INTERNATIONAL PROBLEMS, NO. 3-4, 1999

CURRENT ISSUE

KOSOVO CRISIS AND NATO AGGRESSION AGAINST YUGOSLAVIA

Rodoljub ETINSKI

NATO AGGRESSION AGAINST THE FR OF YUGOSLAVIA - MIGHT, RIGHT AND JUSTICE (article in English)

ABSTRACT

The author analyses the relations among power, law and justice in the context of NATO aggression against FR of Yugoslavia. Starting with the assertion that without the rule of law, the international community would face anarchy, and power would substitute law, he points out that NATO aggression initiated many questions. Was it in accordance with law, international and national; if not, could NATO States escape legal responsibility for consequences of illegality of their military actions; could they impose on the international community the opinion that the aggression was acceptable and justified, at least as an exemption; could they turn an illegal precedent into a new rule of law, permitting a military intervention? The author gives some elements for answers to these and other questions.

Konstantin Obradović

INTERNATIONAL HUMANITARIAN LAW AND THE KOSOVO CRISIS (article in Serbian)

SUMMARY

The article gives a survey of the main characteristics of international humanitarian law concerning armed conflicts. The author takes the rules of humanitarian law as a starting point for the analyses of the character of the conflict in Kosovo. Within these analyses he reviews NATO aggression against Yugoslavia, the rights and obligations of all factors in these conflicts, as well as the problem of responsibility. In focus is also the authority of the Hague Tribunal with regard to prosecution of heavy violations of the rules of humanitarian law, or of possibly committed war crimes. The author evaluates the implementation of international humanitarian law in the conflict, as well as what should be done in order to remove - to the extent possible - the consequences of violations performed during the conflict.

The author argues that the sequence of events that we call the "Kosovo crisis", which has been lasting since the beginning of the nineties, has developed into a situation which should be legally qualified in accordance with the answer to the key question - is this a case in which we have acts of terrorism, or is it a case of armed activities that can be qualified as armed conflict. The chosen qualification will influence the answers to questions that are usually asked in such situations: what is the legal position of those taking part in the fightings in case of their arrest, which are the rights and duties of the conflicting parties in their mutual relations, what about the responsibilities for violation of rules, etc.

In the author's view, after the events in March 1998 in Drenica, the situation in Kosovo has developed into an internal armed conflict. If this is so, this is a situation in which there should be applied the rules of international humanitarian law in armed conflicts - more specifically, those among them which refer to civil wars.

NATO's aggression against Yugoslavia has established a state of war, or a state of international armed conflict, between FRY and the countries that attacked it. The fact that nobody is using the word "war", namely, that there is no "declaration of war", is of no relevance when it comes to the legal qualification since it is obvious that in this case it is exactly an "armed conflict".

In both the internal and international conflicts valid is the principle of equality of the belligerent parties with regard to the laws of war. This means that the belligerent parties are obliged to implement the rules because of the very fact that a conflict has burst out. They have this obligation regardless of either the motives for use of force, or of the aims that each of the parties wants to accomplish, and regardless of the legal or political qualification of one or the other party ("aggressor" or "victim of aggression" in case of international conflict; "legal authorities", or "rebels", "secessionists", etc. in an internal conflict). The application of humanitarian law in an internal conflict does in no way mean the abolition of the laws of the state, nor does it exclude criminal or other responsibilities of those who have committed crimes of any kind or have performed other violations of humanitarian law. During a conflict, and particularly after it is ended, all such individuals can be brought to court and be held responsible in accordance with the law.

From the point of view of international law, the armed attack of NATO against Yugoslavia is a violation of Art. 2, par. 4 of the UN Charter, namely of the imperative norm prohibiting threat or use of armed force, and thus it can certainly be qualified as aggression. The author points out that regardless of this qualification, both sides - aggresor(s) and the victim of aggression - are equally obliged to implement the law of armed conflicts. However, the conflict is a specific one insofar that the attack against Yugoslavia was performed exclusively from the air, so that there was no "physical" contact between the belligerent parties and, hence, there were no prisoners of war, nor wounded individuals, sick persons, shipwrecked persons or civilians of one side that could have come under the authority of the adversary. Therefore, during the conflict operational were only those rules concerning the performance of air attacks.

The analysis of the actual situation leads the author to the conclusion that there are very strong indications that all sides in this armed conflict have violated humanitarian law; moreover, some of these violations could be qualified as "heavy violations", namely as crimes against humanity, or war crimes. There is a general and unarguable legal principle that the law and obligations deriving from it must be respected, and that every violation implies the responsibility of those who committed as well as their obligation to compensate the victims. Therefore, it is obvious that all these indications should - within an appropriate procedure - be examined and, after the facts were established, the problem of responsibility should be brought to a competent international judicial or arbitration organ. The question of responsibility exists equally on two levels (although they are not treated in the same manner): the responsibility of the state for a performed violation (i.e., an international unlawful action) and criminal responsibility of individuals in case that their violation can be qualified as an international criminal act.

The author's conclusion is that the rules concerning responsibility of both the states and the individuals are well defined in contemporary international humanitarian law of armed conflicts, and that is possible to implement them. However, it remains an open question whether the political circumstances in the international community will make it possible to implement them consistently with regard to all parties in a conflict and their members. In case that the Prosecutor of the Hague Tribunal does not take under serious consideration charges brought against NATO countries, and does neither initiate procedures nor convincingly elaborate why this was not done, the credibility of the Tribunal, already seriuosly questionned, will remain very low.

Alexander LUKIN

NATO AND RUSSIA AFTER THE KOSOVO CRISIS (article in English)

ABSTRACT

In the article the author analysis the consequences of the NATO’s new Strategic Concept, its plan of unlimited enlargement of NATO membership and NATO’s aggression in Yugoslavia. This policy, he says, may lead to substituting the existing international law, based on the principle of national sovereignty, with the law of NATO based on aggressive attempts to achieve whatever goals are perceived. It could lead to the collapse of the nuclear non-proliferation system, formation of a broad anti-Western coalition, growing international terrorism, growing drug trafficking and possible ecological catastrophe, worsening relations with Russia. The author considers eight possible options Russia can choose as the answers to this new situation. The goals of Russia are cooperation with other interested parties to recreate a system of international law and revive the decisive role of the UN in international affairs. This can be achieved only by creating a strong international counterbalance to NATO.

Nina DOBRKOVIĆ

YUGOSLAVIA IN A CHANGED GEOPOLITICAL ENVIRONMENT (article in Serbian)

SUMMARY

At the end of this decade FR Yugoslavia is finding itself in a bad international position: political isolation of the country has been lasting for a number of years, although with differing intensity, and the aggression of NATO in the Spring of 1999 made the situation even worse. All this clearly poses the task to re-evaluate current political strategies and to define security options and priorities for the future. To accomplish this, it is important to have in mind changes that have occurred in international relations in the past ten years. Old schemes of bloc division are not valid any more, and new schemes of relations among states have been established. Yugoslavia must adapt herself to this new international environment and take into considerations all the changes that have occurred on all relevant levels of international relations - in the world in general, in Europe, in the Balkan region.

All these levels influence the country's position in political and military terms. In a way, one of the priorities of Yugoslavia's foreign policy is normalization of relations with the immediate neighbours. There are old neighbours (Hungary, Romania, Bulgaria and Albania), and also new ones (new states that emerged after disintegration of Yugoslavia, i.e., Macedonia, Croatia and Bosnia-Herzegovina). There is a difference in the quality of relations that Yugoslavia has with some of these neighbours.

No doubt, the worst is the situation with Albania, because this country was seen as a base in which Kosovar Albanians seeking for secession from Yugoslavia were having training camps. In security terms, it is important to point out that none of the neighbours denied NATO the use of their territories for different logistic purposes in NATO's bombing campaign. This is, no doubt, the result of the contemporary security situation in Europe. Regardless of critics, NATO has emerged as the pillar of European collective security.

Those European countries, which are not the members of the alliance, are almost all members of the Partnership of Peace programme that was launched at the NATO summit in 1994. In Yugoslavia there was actually never great enthusiasm for improving relations with NATO. This was due to both historical reasons (when NATO was seen as an adversary), and contemporary circumstances - Yugoslavia did not approve NATO's actions in Bosnia-Herzegovina, and of course condemned NATO aggression which was a result of the international community's pressure upon Yugoslavia to stop military intervention in Kosovo and Metohija and to grant greater autonomy to this region. However, the strengthening of NATO in contemporary Europe is a reality. It will be necessary to consider ways in which Yugoslavia should organize her relations with the alliance. This should be part of a more general strategy of strengthening the country's security.

Milan SKAKUN

EXPANSION OF ISLAMISM AND ITS IMPACT ON INTERNATIONAL RELATIONS (article in Serbian)

SUMMARY

In order to truly understand the role and significance of Islamism in contemporary international relations it is assumed that should have the knowledge of Koran and other sources which define Islam as a religion. This is for the fact that the basic characteristic of Islam is inseparability of the religion from the state. That feature makes it fundamentally different from all religions and theories of state - what actually implies that it differs from other civilisations.

During the several century period of its existence Islam has manifested extreme intolerance in religious and political sense. The proof is one's explicit duty to convert the Non-Muslims to Muslims and it appears in several paragraphs in Koran, though defined in various ways. There are many examples in Koran that illustrate the political intolerance which is reflected in the duty of the Muslims to try to establish the Islamic state all over the world. There are numerous attempts made by some Islamic and non-Islamic theoreticians to launch a theory on non-violent spreading of Islam. This is absolutely wrong. In 1340, there were two million Turkish speaking inhabitants and over six million Christians. Today there are no Christians, and one can wonder how and where they have vanished. Actually, violent islamisation, physical destruction and coercive migration to Europe have destroyed them. Bedry Baikan, Turkish politician and painter explained this phenomenon by the following words: "There is no soft Islam… Theirs fundamental position is that the people who belong to some other religions must be converted to Islam".

The position contained in Koran that the duty of every Muslim who lives in a secular state is to fight against it until Islam prevails, is of great significance for understanding of the role and importance of Islamism in the international community. Non-fulfilment of the demands imposed to the Muslims by Koran as well as abandonment of one’s faith is punished in only one way - by death.

It can be noticed that in the contemporary world, the idea of radical Islamism has increasingly been spreading among the Muslims (the aim is to create a world Islamic state), while one of its most important forms of acting is terrorism. It is present in all parts of the world, from the Far East, in Russia, and all the way up to Yugoslavia. In the last several years, Muslim extremists from various countries have been recruited to take terrorist actions that have been directed against FR Yugoslavia. The financial resources for their activities are provided by collective actions taken by the governments of a large number of Muslim states. The ultimate goal of Islamism in South-Eastern Europe and Yugoslavia in particular, is spreading of the Islam as a religion and state organisation. The incompatibility of the Christian civilisation and basic values of Islam will finally result in conflicts that will be broader than the ones that have been fought so far.

In the field of international relations, Islam has yet today a significant role, evidently tending to enhance it. Not unified is the attitude of other relevant factors in international relations, and these are the USA, European Union and Russia. The USA uses the aggressive Islamism in order to weaken the position of Europe. On the other hand, the European Union steers a middle course with the aim of possibly getting some benefit in case Islam essentially does harm to the Orthodox creed and avoiding the danger it threatens from Islamism. Russia is economically and politically too weak to suppress the negative influence of Islam by withstanding it efficiently. Altogether, this makes room for Islamism to act broadly and enhance its own significance in international relations.

Obrad RAČIĆ

ON THE RELATIONSHIP BETWEEN INTERNATIONAL AND NATIONAL LAW (article in Serbian)

SUMMARY

Two cases that have recently been brought before the International Court of Justice concerning the Vienna Convention on Consular Relations makes one reflect upon the relationship between international law and national law. The issue is considered in a more specific way, as a problem of direct application of provisions of international law in the internal legal systems of states.

Direct applicability (direct effect, the term used in the terminology of the EU legal system) and supremacy over national laws (primacy, the term used in the terminology of international law) is today provided only within the legal order that has been established within the framework of the EU. It is implemented in specific fields of integration and only in regard to he member states of this international organization. It is within the jurisdiction of the EU Court to pass judgements in the cases concerning direct effect of the norms of community law. In contrast to the situation that exists in general international law (where disputes cannot be solved by an international court without the consent of the other party), direct actions may be brought not only by the EU member states (without the consent of the defendant), but by the main organs of the Community and, in some cases, by legal and natural persons (in some cases also even by those who are not citizens of the member states) as well.

General international law does not provide for direct application of its norms (whether customary or those contained in international treaties) in internal legal systems of states; these norms are neither given a higher status over national legal provisions. Constitutions of each state decide on whether the state will accept direct application and higher status of provisions of international law. In that regard, constitutional systems of states of the present international community differ from each other. In practice, one should believe that international courts will give preference to international law over national law. On the other hand, there should be expected that national courts will act in different ways depending on the constitutional systems of their states.

As regards the advantages or deficiencies of one or other, one should say the following: it is certain that the diversity of the systems adopted by constitutions of states (direct application of provisions of internatial law or not; higher status of international law or not) can make the states (and their citizens) become unequal. Why should international treaties be concluded if (in the case that dualism prevail) they may be differently interpreted by the acts of transformation? Why should international treaties be concluded if (in the case of monism with the primacy of national law) the implementation of the provisions they contain for all the period the international treaties is valid, is quite uncertain? Why should a state conclude international treaties (in case that regulations adopted later derogate the ones adopted earlier, regardless of the fact whether it is national regulation or the one contained in an international treaty) if their implementation in various states can in any moment be unpredictably called off? To this one can add that apart from what has been said above, there is no compulsory jurisdiction of any international court that none of the parties can deny.

Consequently, if international law should effectively regulate the relationships between subjects of international law as well as to ensure respect for legal rights of individuals (and, among everything else, to ensure that people all over the world enjoy human rights equally and in the same manner) there is a need to adopt the system of direct application and higher status of international law.

Sanja DJAJIĆ

FORMAL CONSENT AND POLITICAL DISCORD BEFORE THE INTERNATIONAL COURT OF JUSTICE (article in English)

ABSTRACT

The contentious procedure before the International Court of Justice (ICJ) has two main characteristics: jurisdiction based on states' consent and the binding nature and finality of the Court's judgements. Defendant states have different legal means for opposing to the proceeding, such as non-appearance, withdrawal from the proceeding, preliminary objections, affirmative passive defense and offensive active defense. The non-compliance with the Court's decision is also one of the options, but it is not within the legally permissible means. The selection of the appropriate remedy will depend solely on the estimation of political costs and benefits at particular stages of the procedure, but their use shows the state's unwillingness to resolve the dispute before the ICJ. This article shows that the formal consent is not enough and that only the real consent present throughout the whole proceeding enables Court to perform its judicial function properly.

Ana DAMIAN LAKIĆEVIĆ

ROYAUMONT PROCESS - AN INITIATIVE FOR CO-OPERATION IN SOUTH-EASTERN EUROPE (article in Serbian)

SUMMARY

Establishment of political, economic and some other kind of co-operation among the countries in the Balkans or actually in South-Eastern Europe is a very delicate issue. This is caused by a number of circumstances of which some of them belong to the present times while the others have been stipulated by historical events. Undoubtedly, the contemporary conditions that exert the greatest impact on the mutual co-operation of the countries in the region have been the conflicts in the territory of the former Yugoslavia, the armed aggression of the NATO countries against FR Yugoslavia, the crises in the former Yugoslav republics as well as some others.

In spite of this, there are clear interests and needs as well as great opportunities for establishment of co-operation in all fields among the countries in the region. In the period after the Dayton Peace Conference many initiatives have been made on establishment of co-operation in South-Eastern Europe on bilateral or multilateral basis. Some of them have been made by the Balkan countries, the other by the countries that do not belong to the region, or by non-governmental organisations.

Several different initiatives for establishment of co-operation among the South East European countries came from the West European countries and the United States of America. The most significant ones are the following two - the American initiative for co-operation in South-Eastern Europe (SECI) and the so-called Royaumont initiative (it later grew into the Royaumont process). The latter one was included in the Declaration on stability and good neighbourly relations and was proposed on the initiative of the European Union. It was worked out by France on the basis of its own idea on "the pact of stability in Europe" that had been presented earlier. The American influence on development of the latter initiative is also significant. All countries in the region will participate on an equal footing and no hierarchy or difference will be made among participant states. Each state or organisation will be involved in accordance with its position on the issues to be discussed and it will be invited to give contribution that would be proportional to its wishes and capacities.

The Declaration was adopted by ministers of foreign affairs of the countries that participated in the Peace Conference on Bosnia and Herzegovina, which took place on 13 December 1995 in the Royaumont abbey near Paris. Its adoption marked the beginning of the process that should "continually ensure stability and good neighbourly relations in South Eastern Europe and beyond the region". What this included was the necessity to achieve improvement or gradually re-establish dialogue and confidence among the nations, prevent tensions and crises, pledge for establishment of regional co-operation, economic restoration and good neighbourly relations among the countries in the region.

The most important political goal of the Royaumont process is to gain political support by the participating countries since the South East European countries have often declared that they explicitly oppose to any kind of institutional or regional co-operation, pointing out the European Union as the only association they would collaborate with. For the time being, most of the former Yugoslav republics are reserved towards it - they claim that they do not wish to establish any kind of political co-operation with the former Yugoslav republics, although they endeavour to take as favourable as possible position in the European community. Being in dilemma should the South-East European countries join the European integration doing it each by themselves or should they do it jointly, the Royaumont initiative affirms in its approach the idea on the necessity to encourage the former Yugoslav republics to primarily re-establish their mutual co-operation. The purpose of this is to prepare themselves for establishment of economic and political co-operation with other countries within the European integration in order to create conditions to become members of the European Union.

The basic approach of the initiative on establishment and development of regional co-operation among the countries in the Balkans, or among the ones in the former Yugoslavia, is not to let these states break up and change the existing borders or let them create some new Balkan alliances. The relations in the region should be such as to enable development of the peace process or actually consolidation of peace in this area. The starting point is that the preconditions to establish peace are the following: co-operation with the International Tribunal for War Crimes in the Former Yugoslavia, genuine mutual recognition of the states in the territory of the former Yugoslavia and elimination of obstacles for repatriation of refugees. But, taken as a whole, the following two conditions have priority: the first, to establish democracy and the rule of law, and the second, to revive the mutual economic co-operation among the countries in the region, what implies reconstruction of the economy, making the infrastructure fit for operation, "reorientation of the war economies" to civil activities and transition to market economy transactions. Actually, "the regional approach" is conceived to be a factor of political stability and instrument of economic development and co-operation among these countries.

As a regional approach the Royaumont process is also compatible with the Yugoslav foreign policy and should, therefore, be supported by our country. Actually, the initiative does not so much deal with the regionalisation of the former Yugoslavia as much as it treats the position on the necessity to establish co-operation and good neighbourly relations among the Balkan countries. The purpose of this is to enable the Balkan countries to join the European institutions where these standards are already applied. The regional co-operation among the South-East European countries seems to be the best way to ensure development of democracy, establish stability, encourage and accelerate economic development in the region.

Taking into consideration the Yugoslav foreign policy positions, the prospects of the region and broader area in South-East Europe lies in development of good neighbourly relations and all kinds of co-operation among these countries, and also, as rapid as possible inclusion of the whole region into the European political and economic integration trends. According to the Yugoslav conception, the co-operation could lead to the following: promotion of multilateral political dialogue and co-operation at all levels and on all issues that are of common interests for these countries; strengthening of mutual confidence with the aim of creating conditions to establish mutual co-operation at the broadest possible level; achievement of mutual understanding and resolution of all bilateral questions in a pragmatic way, this particularly including open ones; gradual liberalisation of trade, establishment of a free trade zone by reducing administrative customs and other duties, tending to abolish them completely; reaching common agreements and establishing of co-operation in a number of other areas such as energy supply, environmental protection, information sector as well as co-operation in combating some negative phenomena - organised crime and arms and narcotics trade. According to the Yugoslav positions, the Royaumont initiative is an important means and stimulus for achievement of these goals, provided that all countries in the region are treated equally.


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