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The New Yugoslav-American Claims Agreement

Published online by Cambridge University Press:  28 March 2017

Branko M. Peselj
Branko M. Peselj*
Affiliation:
Georgetown University Law Center
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Type
Notes and Comments
Information
American Journal of International Law , Volume 59 , Issue 2 , April 1965 , pp. 362 - 366
Copyright
Copyright © American Society of International Law 1965

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References

1 See U. S. Dept. of State Press release No. 480, Nov. 5, 1964, p. 1; 51 Dept. of State Bulletin 830 (1964).

2 51 Dept. of State Bulletin 830-831 (1964).

3 Art. I of the Agreement. Ibid. 830.

4 Art. II of the Agreement. Ibid.

5 Art. Ill of the Agreement. Ibid. The Press release announces that the claims will be adjudicated by the Foreign Claims Settlement Commission of the United States when Congress appropriates funds for the expenses of such program.

6 Art. V of the Agreement, loc. cit. 831. The competent authority on the Yugoslav side is the Federal Executive Council which, pursuant to Art. 228 of the Yugoslav Constitution, ratifies all international agreements where the ratification is not reserved to the Federal Assembly. The Federal Executive Council approved the Agreement of Nov. 5, 1964, at its meeting of Jan. 5, 1965, and the notes confirming the agreement were exchanged on Jan. 21, 1965.

7 Art. IV of the Agreement. loc. cit. 830.

8 This provision will have considerable impact on the determination of values of small apartment houses with three or four apartments that were nationalized but in which, as a rule, the largest and the most valuable apartment was left as the property of the owner (Art. 17 of the Yugoslav Law on Nationalization, of Dee. 26, 1958, Official Gazette (SL) 52-1958). See note in 53 A.J.I.L. 428 (1959) on international aspects of this law.

9 51 Dept. of State Bulletin 831 (1964).

10 Ibid,

11 62 Stat. 2658.

12 There were three principal laws by which large land holdings in private hands and private economic enterprises were nationalized in Yugoslavia before July 19, 1948: The Law on Agrarian Reform, of Aug. 23, 1945, SL 64-1945; The Law on Nationalization of Private Economic Enterprises, of Dec. 5, 1946, SL 98-1946; and the Law Amending the Law on Nationalization, of April 28, 1948, SL 35-1948. The prohibition of ownership of real property by foreign nationals in Yugoslavia (including Americans) was regulated by Executive Order of March 20, 1948, SL 28-1948, and by the Instructions for Transfer of Nationalized Real Estates of Aliens, of June 23, 1948, SL 53-1948.

13 See Settlement of Claims by the Foreign Claims Settlement Commission of the United States, Prom September 14, 1949 to March 31, 1955 (Washington, D. C, TJ. S. Government Printing Office, 1955).

14 SL 52-1958. The other laws which could have some effect on the new claims agreement are those where property was taken by the Laws on Expropriation and the respondent has not voluntarily accepted the paid price in full settlement of his claim. There have been two laws on expropriation: the Basic Law on Expropriation, of April 1, 1947, SL 28-1947, which was superseded by the Law on Expropriation of Feb. 28, 1957, SL 12-1957.

15 For the effect of the Yugoslav Nationalization Law of 1958 on Yugoslav-American relations, see Peselj, “International Aspect of the Recent Yugoslav Nationalization Law,” in 53 A.J.I.L. 428-432 (1959).

16 51 Dept. of State Bulletin 830 (1964). There is little doubt that the Yugoslav change in attitude was prompted by motives of political expediency and not by legal reasons.

17 SL 54-1946

18 Art. 22, par. 2, of the Law on Nationality. The Law considers as among the nonethnical members of the Yugoslav peoples, for instance, the Jews, Germans, Italians and Albanians who were previously citizens of Yugoslavia and have subsequently acquired the citizenship of another country.

19 Art. 19 of the Law on Nationality.

20 62 Stat, at 2660.

21 See Bartoš and Nikolajević, Pravni Položaj Stranaca 54 (Belgrade, 1951). Of course, whether this interpretation of the Yugoslav experts is entirely correct is open for discussion, especially in view of the fact that Art. 5 of the Agreement of 1948 makes explicit reference to the American-Serbian Treaty of 1881 (22 Stat. 963). The latter most definitely does not repudiate the principle of adequate, just and prompt compensation for the taking of private property, although it does not specifically refer to this problem. On the other hand, it appears that the Yugoslav interpretation ia confirmed and accepted in the letter of Ambassador Elbrick of Nov. 5, 1964 (51 Dept. of State Bulletin 831).

22 See Peselj, loo. cit. note 15 above, p. 431.

23 Art. 77 of the Nationalization Law of 1958 reads as follows: ‘ ‘ The Federal Executive Council is authorized to enact special provisions concerning the manner of payment of compensation for nationalized real property of foreign citizens in accordance with international agreements and principles of reciprocity.“