Arbitration Commission of the Peace Conference on the former Yugoslavia
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The Arbitration Commission of the Peace Conference on the Former Yugoslavia (commonly known as Badinter Arbitration Committee) was a commission set up by Council of Ministers of the European Economic Community in 1991 to provide Peace Conference on the Former Yugoslavia with legal advice. Robert Badinter was elected as President of the Commission by the four other members, all presidents of Constitutional Courts in the EEC. The Arbitration Commission has rendered eleven advices on "major legal questions" arisen by the split of the SFRY.<ref>Curriculum vitae of Robert Badinter on un.org</ref>
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[edit] Opinions
During it's existence, the Arbitration Commission responded to several inqieries by president of Peace Conference on the Former Yugoslavia, Lord Carrington.
[edit] Dissolution of SFRY
On 20 November 1991 Lord Carrington asked whether some republics seceded from SFRY, which continued to exist (as Serbia claims) or did SFRY disintegrated and all of the republics are equal successors to the SFRY. Among others, the commission concluded that "the Socialist Federative Republic of Yugoslavia is in the process of dissolution".<ref name="opinions">Some oppinions of Badinter Arbitration Committee</ref>
[edit] Right to self-determination
On 20 November 1991 Lord Carrington asked: "Does the Serbian population in Croatia and Bosnia-Herzegovina, as one of the constituent peoples of Yugoslavia, have the right to self-determination?" Among others, the commission concluded that "that the Serbian population in Bosnia-Herzegovina and Croatia is entitled to all the rights concerned to minorities and ethnic groups[...]" and "that the Republics must afford the members of those minorities and ethnic groups all the human rights and fundamental freedoms recognized in international law, including, where appropriate, the right to choose their nationality".<ref name="opinions" />
[edit] Borders
On 20 November 1991 Lord Carrington asked: "Can the internal boundaries between Croatia and Serbia and between Bosnia-Herzegovina and Serbia be regarded as frontiers in terms of public international law?" Among others, the commission concluded that "The boundaries between Croatia and Serbia, between Bosnia-Herzegovina and Serbia, and possibly other adjacent independent states may not be altered except by agreement freely arrived at." and "Except where otherwise agreed, the former boundaries become frontiers protected by international law."<ref name="opinions" />
[edit] References
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