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Formation of sovereign Croatia from a perspective of the International Public Law
Řepová, Daniela ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
Formation of sovereign Croatia from a perspective of the International Public Law Abstract This diploma thesis is focused on a question of the formation of sovereign Croatia as independent state divided from the Socialist Federal Republic of Yugoslavia. The proclamation of the independence is being considered on the basis of historical-legal events and a subsequent reaction of the international community. Firstly, the requisites of a statehood, based on the Montevideo Convention (1933) - citizens, territory, effective government and the ability to enter into international relationships - were considered. Especially their fulfilment in the moment of the proclamation of independence. Secondly an effect of a state recognition is considered, bearing in mind an existence of a declaratory and a constitutional theory of recognition. Those were then applied on the act of recognition of Croatia by other states. The process of creation of Croatia took place under difficult conditions, because of an armed conflict, which took place on Balkan at that time. Therefore, solving the problem of legal status of the successor states, which divided from the federation, was of a huge importance. Within a Conference for a peace in Yugoslavia a commission was established. So called Badinter Commission was meant to solve legal...
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Nation versus State: A Case Study of Kosovo
Kešelj, Nina ; Zemanová, Štěpánka (advisor) ; Cibulková, Petra (referee)
The bachelor thesis analyses legal and political aspects of Kosovo's secession from Republic of Serbia in attempt to determine if it is really sui generis, as it used to be claimed by the Kosovo's independence supporters. The theoretical part analyses the basic Constitutional and International Law requirements that a state is supposed to meet in order to reach international recognition. Besides, it provides a description of different forms of right of self - determination and discusses the circumstances, under which a nation would be entitled to claim a remedial secession from the home state. The empirical part examines specific circumstances of the former Yugoslavia's disintegration and the legal position of Kosovo as an autonomous province of Serbia in the period from 1974 -- 1999, in attempt to determine if Kosovo Albanians have ever had a legal entitlement to the secession from Serbia. Besides, in order to enquire whether Kosovo's secession could be considered an example of the remedial secession, the work provides a historical analysis of the Albanian-Serbian relations in Kosovo, with a highlight on the period from the Second World War on, as well as the analysis of the war crimes and alleged organ trafficking, that has recently re-emerged in the Council of Europe.
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