Restitution of the "Acquired Rights" of Members of the German Minority in the Former Yugoslavia Cover Image

Restitution of the "Acquired Rights" of Members of the German Minority in the Former Yugoslavia

Author(s): Duško Dimitrijević
Subject(s): History
Published by: Универзитет у Нишу

Summary/Abstract: The abolishment of the acquired rights of members of the former German minority in the former Yugoslav State opens up questions regarding their restitution, that is, of their possibility being compensated on an international legal basis. As to the revision of political-historical decisions made in the course of the revolution and in the post revolutionary period of reconstruction of former Yugoslav State authority, one may ask the question as to whether the fundamental human rights and freedoms of individual categories of persons were violated through these acts. As the trend today is directed to the universal protection of human rights in consistency with international law, legal relations emanating from the factual status of the international forces following World War II, it would be opportune to re-examine them all, normatively and in the light of the principle ex injuria ius non oritur. The contrary would mean expunging the negative effects of the State's enactments. It is interesting that in the constellation of new standards of behavior for "joining Europe" the restoration of derogated human rights in favour of the members of national minorities is assumed. A fortiori, the continued validity of a series of revolutionary legislation constitutes a latent violation of human rights for what States successor of the former Yugoslavia have to re-examine through transitory regulations which should contributes to the settlement of legal situations based on the restitution of acquired rights. Serbia and Montenegro as one of the successors of the former SFRY must to proceed with serious political and legal reforms, restorations and rehabilitation, which include denationalization, re-privatization and restitution measures to establish an equilibrium between rights and obligations that may drawn from international law and contemporary legal practices exercised by most States in the world. All solutions of all the remaining inter-State problems resulting from claims made at the international legal level, is a prerequisite for the removal of injustice done to all categories of persons suffering such losses.

  • Issue Year: 2005
  • Issue No: 03
  • Page Range: 393-414
  • Page Count: 22
  • Language: Serbian