MEĐUNARODNE SLUŽBENOSTI – „KVAZIUSLUGE“ U MEĐUNARODNOJ ZAJEDNICI

Abstract

In the international law doctrine still there have been discussions whether the servitudes institute belongs to the sphere of the international public law. It is undisputable that, originally, the servitudes concept referred to civil law. In a broader sense, they, consequentially and logically, are before all, if not exclusively, the phenomenon of the domestic legal order (in foro domestico). Not wishing to deny, or doubt the general negative view of the international law theoreticians on the automatic and non-critical application of the principal of syllogism and analogy, the author of this paper was keen to perform the analysis of this specific international contracting arrangement accepting the view of the majority of international law jurists, based on which servitudes also represent the institute of the international law. The analysis was aimed at bringing this institute into a reasonable constellation in a relevant, competent, intellectual and imaginative way, even placing them into a correlation with the concept of services recognized by domestic law, thinking of international servitudes as a form of, hypothetically speaking, services in the international community.