Conflicting Legal Perspectives on the Establishment of Kingdom of Serbs, Croats, and Slovenes

Abstract The analysis delves into the complex legal intricacies surrounding the establishment of South Slavic state entities post-World War I, as international law of the time didn't fully encompass modern legal instruments defining international relations subjects. Nonetheless, legal arguments affirm the statehood of the State of SCS, formed within the former Austro-Hungarian Empire through legitimate representative bodies, despite lacking formal international recognition. The Croatian state transitioned governance under the National Council of SCS without abolishing its institutions. The analysis of the “December 1st Act” highlights procedural violations during the forming of the Kingdom of SCS, indicating a deviation from authorized scope, though it did not render the new state's government illegitimate. The negotiating process favored Serbian authorities, evident in the “Vidovdan” Constitution, yet it doesn't suffice to claim the State of SCS was annexed by the Kingdom of Serbia. Legally, there's little ambiguity, but disputes in international legal rulings and interpretations uncover internal political tensions and external pragmatic influences.

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Publication Details

Journal
Law and History Review
Published
2024-11-01
DOI
https://doi.org/10.1017/s0738248024000300
Primary Topic
Balkan and Eastern European Studies
Type
article
Field-Weighted Citation Impact
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Conflicting Legal Perspectives on the Establishment of Kingdom of Serbs, Croats, and Slovenes

Igor Ivašković
Law and History Review
Balkan and Eastern European Studies
article

Conflicting Legal Perspectives on the Establishment of Kingdom of Serbs, Croats, and Slovenes

Igor Ivašković
article en

Abstract

Abstract The analysis delves into the complex legal intricacies surrounding the establishment of South Slavic state entities post-World War I, as international law of the time didn't fully encompass modern legal instruments defining international relations subjects. Nonetheless, legal arguments affirm the statehood of the State of SCS, formed within the former Austro-Hungarian Empire through legitimate representative bodies, despite lacking formal international recognition. The Croatian state transitioned governance under the National Council of SCS without abolishing its institutions. The analysis of the “December 1st Act” highlights procedural violations during the forming of the Kingdom of SCS, indicating a deviation from authorized scope, though it did not render the new state's government illegitimate. The negotiating process favored Serbian authorities, evident in the “Vidovdan” Constitution, yet it doesn't suffice to claim the State of SCS was annexed by the Kingdom of Serbia. Legally, there's little ambiguity, but disputes in international legal rulings and interpretations uncover internal political tensions and external pragmatic influences.

Law and History ReviewVol. 42(4)
University of Ljubljana (SI)
Openalex Percentile: Top 72%
Balkan and Eastern European Studies
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Conflicting Legal Perspectives on the Establishment of Kingdom of Serbs, Croats, and Slovenes — Igor Ivašković · Law and History Review (2024) | TGRS Research Map | TGRS