Arbitration Commission of the Peace Conference on Yugoslavia

The Badinter Commission was a Judicial Commission to clarify legal issues that brought the collapse of Yugoslavia in the early 1990s with it. It was used by the European Community on 27 August 1991. Chairman was the then president of the French Constitutional Court, the legal scholar Robert Badinter; Other members were the former President of the German, Italian, Spanish and Belgian Constitutional Court.

During their work, the Badinter Commission has reported a total of 15 reports as well as a decision of rejecting objections to the refund of three reports. In particular:

  • Opinion No. 1 of 29 November 1991 on the international legal status of the Socialist Federal Republic of Yugoslavia ( SFRY)
  • Report No. 2 of 11 January 1992 on the self-determination of the Croatian and Bosnian-Herzegovinian Serbs
  • Report No. 3 of 11 January 1992 on the boundary between Croatia and Serbia and between Bosnia and Herzegovina and Serbia
  • Report No. 4 of 11 January 1992 on the recognition of Bosnia and Herzegovina by the EC and its Member States
  • Report No. 5 of 11 January 1992 on the recognition of Croatia by the EC and its Member States
  • Report No. 6 of 11 January 1992 on the recognition of Macedonia by the EC and its Member States
  • Report No. 7 of 11 January 1992 on the recognition of Slovenia by the EC and its Member States
  • Interlocutory decision of 4 July 1992 on the rejection of objections to the issue of such opinions 8-10
  • Report No. 8 of 4 July 1992 on the international legal status of the SFRY
  • Report No. 9 of 4 July 1992 on the control of benefits arising from the succession of States questions
  • Report No. 10 of 4 July 1992 on the international legal status of the Federal Republic of Yugoslavia
  • Report No. 11 of 16 July 1993 on the respective dates of the follow-
  • Report No. 12 of 16 July 1993 on the distribution of state property, archives and debts of the SFRY
  • Report No. 13 of 16 July 1993 on the organization of responsibilities for war damage
  • Report No. 14 of 13 August 1993 on the distribution of state property, archives and debts of the SFRY
  • Report No. 15 of 13 August 1993 on issues related to the central

The first seven reports as they filed a Conference on Yugoslavia Arbitration Commission, the interlocutory decision and the technical report No. 8-10 as Conference for Peace in Yugoslavia Arbitration Commission and the last five reports as the International Conference on the Former Yugoslavia Arbitration Commission. That makes it a mirror image, the progress of time the international efforts to deal with the historical events in the Balkans.

In its first Opinion, the Commission concluded that the SFRY concerned were present process of self-dissolution, after their federal bodies have become inoperable. It is for the Federation republics to settle the succession of States.

On December 16, 1991, a extraordinary EU Council of Ministers meeting adopted Guidelines for the Recognition of New States in Eastern Europe and the Soviet Union. Consequently, the Commission was concerned with the Croatia, Slovenia, Macedonia and Bosnia and Herzegovina's recognition requests. In Opinion No. 4-7, it found that Croatia, Slovenia and Macedonia, the requirements for recognition met, however, the statehood of Bosnia and Herzegovina is not yet complete.

In its Opinion No. 8 and 10, the Commission noted the meanwhile occurred in international law downfall of the SFRY and consequently saw in the Federal Republic of Yugoslavia no remaining rump state, which would be identical to the SFRY in international law, but also a new state. According to Opinion No. 9 all newly created states joined together on the legal successor of the SFRY; Opinion No. 11-15 treated in this respect individual questions.

The reports were of significant influence on the Yugoslav policy of the EC and its Member States and the international community overall. Although they are not treated all the questions posed, the state- transition and succession of States in the Balkans, but nevertheless contributed to a strengthening and development of the relevant international law at. Legal liability they are not deployed, however.

Constitutional Council of France Federal Constitutional Court of Germany Constitutional Court of Italy Constitutional Court of Spain Constitutional Court of Belgium Alain Pellet
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