Archive of Journal - Financing

Financing – scientific magazine for economy

ISSUE 2023, No. 4, Article 4, Year of publication: 14, December, 2023
Analysis of the legal nature of international financial arrangements

AUTHOR

Stefan Blagojević; MBA*

*PhD Student at Faculty of Law Banja Luka, Member of the University – University of Banja Luka

ABSTRACT

ARTICLE INFO

International financial arrangements can be defined as debtor-creditor relationships that arise on the occasion of a specific financial transaction between subjects of international law and may have different legal forms. It is a legal and economic institute that was born out of international practice, which further indicated the necessity of theoretical insight and analysis of this complex phenomenon. The speci- ficity of international financial arrangements is contained in the fact that they are concluded between states, or states and other subjects of international law (e.g. international organizations), which gives an international legal note to otherwise commercial relationship. The mixture of commercial and international legal elements in international financial arrangements is what complicates this phenomenon and requires an analysis of its components in order to properly treat it in legal practice. Bearing in mind that the theoretical development of the subject matter is relatively new and still insufficiently represented, through the research we encountered various problems and contro- versial issues. In accordance with the above, in the text we will deal with the analysis of the elements of individual forms of international financial arrangements such as credit arrangements, guarantee deals, non-refundable grants, deals with the issuance of government debt securities, deals with financial derivatives and foreign investments, and for each of of these types of financial arrangements, to present its international legal components and give an overview of the elements that give the aforementioned arrangements a private law nature. We will also conduct an analysis of the rights and obligations of the state as the primary subject of international law and the primary subject of international financial arrangements, and at the end of the text we will give our concluding considerations.

Keywords: international financial arrangements, specificities and types of international financial arrangement, rights and obligations of
the state.

DOI: 10.7251/FIN2304049B

Corresponding author:
stefan.blagojevic@srrrs.org