27 On the role of justice in succession negotiations, see Stanić, ss. 1, 772. Stanić notes that the principle of equity, in particular, has been considered customary law by its four successor republics. 3 In a memorandum of 7 March 1994, the Government of the Federal Republic of Yugoslavia stated: `Although its position on international legal continuity is well established, the FRYY has agreed, as an act of goodwill and on the basis of the principle of justice, to relinquish part of the ownership of the SFRJ in favour of the successor States`. Vladimir-Degan, Djuro, Disagreements over the Definition of State Property in the Process of State Succession to the Former Yugoslavia, in Succession of States 33, 46 (Mojmir Mrak ed., 1999) Google Scholar. (ii) the original text or certified copies of the Treaty of Osimo and the 1975 Osimo Agreement, as well as all agreements, archives and preparatory work related to their negotiation and implementation, shall be immediately made available to Croatia and Slovenia in order to be able to negotiate with Italy, in full possession of the relevant material, the consequences of these treaties on their respective States. (h) the share of SFRJ`s official external debt to the members of the “Paris Club”, which has been taken over by certain successor States in actions defined in agreements concluded between each of them and the members of the “Paris Club”; The High Representative of the Republic of Slovenia for Hereditary Matters shall inform the Government of the Republic of Slovenia of the achievements relating to the succession of the SFRJ. 2. The distribution of immovable property shall be carried out by mutual agreement between the five States. a binding expert solution, implemented by a single expert (who is not a national of a Party to this Agreement) who is appointed by mutual agreement between the parties to the dispute or, in the absence of agreement, by the Chair of the OSCE Conciliation and Arbitration Tribunal. The expert shall determine all procedural matters, after consultation with the parties seeking such an expert solution, if the expert deems it appropriate, with the firm intention of ensuring a rapid and effective solution to the difference. The equitable sharing of the assets and liabilities of the former [SFRJ] among the States of origin must therefore be done without the question of war damage being able to intervene on the question of state succession in the absence of a contrary agreement or a decision imposed by an international body between some or all of the States concerned.
(b) the agreement referred to in point (a) shall take into account all relevant circumstances, including compliance, as far as possible, with the principle of respect for the integrity of the public archives groups of the SFRJ, in order to facilitate unrestricted access to and search in those archive groups. . . .