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Sl!M~ARY of ARGUMENT the SERB-CROAT-SLOVENF. TREATY

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Sl!M~ARY of ARGUMENT the SERB-CROAT-SLOVENF. TREATY Sl!M~ARY OF ARGUMENT Jurisdic:tio_n over the present Ap'fllication is foundcd un the Scrb-Croat-Slovene :-:aty of 191\J. which called for the pnnection nf minoriricJS w\d which providcd. for the -:mpulsory senlement Qf d.ispures by th~; Pt:rmancnt Coun of lntcmational Justice. THE SERB-CROAT-SLOVENF. TREATY PROTECTS :'vilNORrTY RIGHTS. Th~ Court':; jmisdiction over the instant Application i:'i grounded. amons other :.:.se~ of jurisdiction. in the Treaty betwecrt the Allieci ami A.ssoc1ated Powcrs ami the ~ir.gdom of the Serbs. Cnmts ami Slovenes (Protection of ~inorirics), signcd nt St. ~.rrna in-en-Laye. 10 Scptern ber 1919. This Treacy catered imo force J uly ln, 19 20. am.! ·as registered with the Secretariat OÎ the League of Nation:s as No. 39, on 21 October :20. It is hereinaner referreù LO as the Serb-.,Croa.t-Slove.nc Treaty. The purpose of the Serb-Croat-Siove~e ireaty was ro en~ure the protccuon of ~inorir;· populations wtthin rhe Kingdom of the Serbs, Croats anù Slovcne:o;, a ::;t:.ue oniy -:er: t-:ing esr<-~biished. As recüed in me Trea.ry·s preamble. ~"the. Prince Regent of Se-rbîa x! the Serhian Govemmenr have agreed w t1is uniun. s.nci in çon5equence the Kingùom -~· t::e s~rbs, C:-o:us and Slovenes ha..~ be:n C\Jnstitured and ha.s <1-"i~umed sovere1gnry ove:- .-.~ temwne::i inht:.bited bv' UlC!iC peooies.". The Scr~-CroaE-Slovene Tr:aty was on~ OÎ J number u[ ~:eatics çonciudcd o.fter ·~,·or 1ct \V .:tr [ be-: ween !.he A lli:d U.""ld ,-\s:;m::i :lteè. Powers wüh s tares new 1y cr~:ued from .~e- :-errirorv. of th~ t!efea.ted .oov ... ·ers. T.'1ese :-:ew st.al..:!s conL.uned -substanrial nunontv. ~t,pularions. Tr.e purpose of tl-te treaties wa.'i ra ensurt: ~he righrs ui Lhese rninoritict~. whu ~.-·cre cunside~ed to be particuiarl y a[ ri s}c J. W. Bruegel, ".A. :"-i cgiected. Fiel à of the · :'l;otection of Minoritie~." Kevue des àrotrs de l'homme/Human Right~ Juumal, vol. 4. p. "li~. arp 41-f tl'-)531. This stipulanon of protection for minoritie~ was m kceping \Vith historical practice, followed in particuiar in the B!!ikans, whcreby ruien acquirlng territory ugn.~d to respect che rishts of lnhabitants. and in particular inhabilanLs of minoriry groups. C.A. 1 ~~camH::y, ''League of ~'fartons· Prntectiun of Minority Rights.·· m [· an Luiiird. ed .• The :Hematiom\1 Protectiou of Human Ri~hts (l 967), p. 22. ~e Pennanent Court of International Justice flX!Uired strict compliancc wi[h the -ns[-World _War 1 minority prmection trearies. In Minorily Schools if" Alhania~ the only ;.tse brought to it that involved thcsc lreatic::i, Lhc Permanent Cuurt consttued the :-ttatc's ~- ·oligarion to require close protection of right~. Minority Schouls in Albania. Permanent ~~ourt of International Justiçe, Series A-B~ advi~ory opinion of 6 April 1Y35! pp. 22- :3. The Pe.rmanenr Court ~tated. "The idea underJying the treaties for the protection of ::inorities is to ~ecure for certain clements incorpuraLed in a Statc~ the population ol ..,.i1ich differs from them in race. language or religion. tl1e possihility of living pcaccabiy .iongside thar population and co-upcr11.L.ing amü:ably with it, while c.t tht sam~.~ lime i ~rescrving the char.u;teristir.:s whic;h disringuish them from the majority. and ~atisfying Ùle ~:1suing special needs." Minorit)' Schoo!s in Albania! p. 17. ln its Anicte :. the Serb-Croa1-Slovcne Treaty Stated lhe basic obligation being .~sumed by the Kingdom of the Serb.~. C:-oat~ and Slovenc!i, r1.:amcly. "The Serb-Crmu­ -:ion;ne Stare underrake~ ro ~ssure ftlll und compl:te protecnon of life and liherry to all :-:h:!bi ran r.~ of t.1e: k ine:dom without ilistinction of binh. naüonaiity, !ang\1age. race. or ·eligwn." Tne Tre:1ty further cal le-d on the King dom to en~urt- equaiity of trentment x:f\JT'C the !~w wi thouL àütinctiun a:5 tO raœ. langua~e or rci'igion (Arride 7 ), and --.:-ov 1ded for ":;e.curitv in lé!\..,.. and in fact'' to "raciaL religious or linguistic mmorities · Spcc!tïc omv ISH.m was mi-ide in the Serb-CroaL-Siovene Tr;;aty fur lhc 1\-losi~m ... rmu!anon ..~rricle 10 en~ured. ··:o the M~ssulmun:-s in the matLcl' of family taw ;.u1d :-en:ona! sra.tu'i pruvision5 suitabl~ for regulating thesc matter~ in accord.ance with \1ussulm~n usag:e." The Kingdom's compilW1Ce With its obligalions under the Treaty wa>: ra be monitored by the Counci1 of the Lcug1.1e of Nations <Article 11). 2 . - .... v .... ..., ... .... .... ..... -- -· - ~ 1 ...._ ...... ~ ........ -~ ..... 1 • ' f •k ~ ~ II. THE SERR-CROAT-SLOVENE TREA'I'Y PROVIDED FOR THE COMftULSORY REFERENCE OF IJISPUTES TO THE PEK~1AN~~T COt:RT or INTERNATIONAL JUSTICE. IIJ the Serb-Croat-Slovene Treaty, thr; Kingd.om uf l.he Serbs. Croats and Slovencs and the Allied and Associated Powers ~greed thar any dispurc over the performance ur ·he K1ngdom:s obhgation of just t:re~[ment uf minurities couid be adjudico.red by the Penn 311ent Court of Imc rn aLi on a 1 Justice: The Serb-Cro~u-Slovem: State funher agrees tlnu any difference uf opinion ilR tc queslions uf law or fact :.J.Iistng out of these Anid~s bc~wc:en the: Serb· ·Crou.t.- 5Jove.ne State and any one uf Lt1e Principal Alliee anà A~:sot:ialed Pow~s or uny othcr Power. a metnber of the Counci1 of the League oî ~ation:;. sn:til be helà tu he a dispute of an international dtaracter umkr Amcje 14 of the Covenam of the. .League of ~arions. The Serh-Croat-Slovene State hercby consent~ thar any such dispute shall. if the orner purty thercto dem:mù:::s. :..-e r=:icrred :o the P~rmancru Courr of lntemational Justice. The decision of the Pcrmiinent Court ~hall ~ final and shaH have the ~ame fore= lmi cffect a:-; an n.warci under Arttcle 13 of the Co ven i.lnt :: Arti<.'it 1 1) . Tne dispme that is the subjecr of the ir.~t.anl Application r~!;.ttr;:; ro i.1 diffèrencc on a qu::.stion of fxtth l;tw :!nd h1ct. In addition. Anicle 16 ot" L":e Serc-C:oat-Slovene Tn:OiLY broadcncd the c1rcle oi :-.tate., t:njoying rights under A.rm.:!c ll. Anide 16 sum::J: A Il rii!ht:; ana privi leges ac:ord.eù by the foregoing A111cie:; to the Al lied am.t Associatec Power5 shaH =-e tu.:corded t:'-!ually w itil Statc.:s ~tembcr~ oi the League of ~ations. Thus. anv state mernber of the League uf ~atiun:-; was entülçd ta rder a di~pute with the Kingt!om w the Permanent Cuurt of Intemarional Ju5tice. 3 III. THE PROVISJUNS PROVIDJNG FOR Jt'"RISDJCTION IN THE PERMANE~T COURT Of JNTëKNATIONAL JlJSTlCE TODA Y SIGNIFY JURISDICfiON IN THJS COURT. Undcr the Statut~ or che lnterm:ttiumu Coun of Justice. "i w jhcnc.wcr :a trcur:v or convention in force provides for n:ferenc.:t: ur a matter ... to the Pcnnu.ncnt Courr of International Justice, rhe maucr shaH. as betwcca lhe parties to· the present Sta.tute, be referreu to the International Coun of Justice." I.C.J. Statutc. Aniclc 37. Tnus. the jurisdicüon conf~rred by the Sc::rb-Croar-Slovene Treaty un Lhe Permanent Coun transferred ro thi~ Court. IV. AS A MEMBER STATE OF THE UNITED NATIO~S. BOSNIA-HERZllGOVINA 1AS THE RIGHT TO INVOKE TH~ JURISD1CTJON PROVISION OF THE SERB­ CROAT-SLOVF.NE TREATY. After ü1e ctemü;e of the League of Natiun~. Lhe General Assembly of the lJnired Nations conremp!ated thal the L·nited ,\lattcm:-o mi~hL assume pow~ cntru::~tct.i to the Leaeue by rrea.ues. Bv a resolution, the Gt:1ero.l A:s~embly ::latcd: ~ . The, G~neral As~embiy will itself examim:, or will subrniL to the ~:ppropriatc organ of the United. Nations. a."ly request f:om the parties [har the United N~tions should asslune the ex:rc.:ise of funcuot.~s of puwcn: r.::r!lrusted to the League of Nation~ by treaues, international c.:on vent ion~. agrc:::a::n ts and oth.:~ inst:rUmcnts hn v ing a. polaicaJ character. General As:;embiy of the Lnited ~ations. Resolution 24(1). "T::.msfcr of Certain Functions. Activitits and A:-~:o~ct:; uf ù1e League of Na ti on :s,'' 29t.h pienary meeting. 12 february 1946, 1.,;. N. Doçument , V64, p. 3 5. Av a res ai u ti on of 11:-1 April 1946. me League o t' :-.: a.tion::; A!i )emb1 y ac ccp tcd the Gcn~--ral A:o.!t~mblv's otTe:r as n::tlr.:L:ll;!d. in Resolution 24(1) . • Kcs9lution 24{1} wa...; part of a more general ii:s:sumption by the United Na1ions of ' League fun:ctiun.~. The O~neral A~s(:mb!y assumt:tl t.:ontrol ovcr the phy~ical s.ssets; of the : League. ft 'also assumed the L.:;:ague's enforcement role regarding mandate terrirorics. a.~ recognized by this Coun i.n its 19~0 and 1971 rulings on the South West Afric:4 mandate. One author. citing Resolution 24(1), states, "Thu~. the princip!c:: of cnntinuity 4 .... ~ ! between the League and the Lnitt:t.J ~alior1s] was clcarly estab1i.!;hed.'' AlcxKndcr Ostrower. L~mgua~e.
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