clear and definitive explanation of the division of property and debt between Catalonia and Spain

Thursday, May 11, 2017

Before starting most importantly, Spain is a country that has ratified the Vienna Convention. 

That said, the part that regulates the division of property and debts of the State, has not entered into force and it is anticipated that it can make at least the medium term, among other reasons because it establishes  a very favorable regime for newly independent States , which it does not have the support of the former colonial powers. In fact, only some states non - aligned movement and the former Eastern bloc have signed and ratified. Spain abstained in the vote . 

But the 1983 Vienna Convention is not in force, does not prevent the parties involved in a particular dispute can not voluntarily agree to their application (total or partial) to solve your particular or that taken as a benchmark case. At the end of the day , there is no other legal instrument governing succession of States in respect of assets and debts. In addition, many of its provisions reflect rules derived from customary international practice and, as usual,  are a source of international law , and therefore binding . Bear in mind that solutions of the former Soviet Union, Czechoslovakia and Yugoslavia have helped to consolidate, in practice, some of the rules of this convention, thus becoming a good guide to contemporary trends on the division of assets and debts of the State in cases of succession of States. We must therefore take into account their respective experiences in addressing the case of Catalonia.

Sorry for this note of humor, although not as accurate.

Remember: 
Predecedor = Spain 
Succeeded = Catalunya 

Cast and personal property : 
Separation of part or parts of the territory of a State. 
Article 17.1. When one or more parts of the territory of a State separate from that Stateand form a successor State, and unless the predecessor State and the successor State otherwise agreed: 

a) immovable State property of the predecessor State situated in the territory to which the succession of States pass to thesuccessor State concerns (airports, roads, ports, buildings, General captaincy ...); 

b) movable State property of the predecessor State  connected with the activity of the State  predecessor in respect of the territory to which the succession of States relates shall pass to the successor State  (ie, real furniture in Catalunya as the material in the offices of Finance Correos, trains, vehicles ...); 

c) movable State property of the predecessor State other than those referred to in paragraph b) shall pass to the successor State in an equitable proportion  (art military equipment) 

Debt deal: 
Article 40.1. When one or more parts of the territory of a State separate from that Stateand form a State, and unless the predecessor State and the successor State have agreed otherwise,  the State debt of the predecessor State shall pass to thesuccessor State in an equitable proportion , especially in view of the assets, rights and interests which pass to the successor State in relation to that State debt. 

I've put in  red  because it is very important.Equitable proportion is chosen to distribute the debt will also be the same when itcomes to distributing the reserves of the Spanish State in precious metals, currency, piggybank pension (if there is any), credits from Spain to other countries, heritage of the state (Paradores ) actions in public and private companies (AENA, SEPI ...), foundations, embassies abroad, scientific bases in Antarctica ... 
everything exactly in the same proportion.For example, if we stay with 18% of the debt, also 18% of gold reserves, or 18% of the state party to AENA ...

By the way, the distribution of all kinds of goods is done with parity ratio. For example, if 1 in 6 embassies touches Catalonia, Spain can not offer the worst, there will be a deal (which will begin by drawing lots) that Spain will choose 5 Catalunya 1, and so on.Peritarían then if one party has more proportional value than the other. 
Be careful, stay with embassies Catalunya does not mean you can use them as it willdepend on the bilateral relations with these countries. But you can sell them or rent them (to Spain itself ...).

It can also be the case that Spain is the left all in exchange for money (debt discount)

As you have seen the deal must be  fair , but if not put population, GDP, surface level of investment ... 
What happens if Spain and Catalonia not agree? 
Read on ...

Settlement of Disputes 
Consultation and negotiation  
Article 42. If a dispute concerning the interpretation or application of this Convention between two or more parties to the Convention arises,  they intend, at therequest of either party, to resolve it by a process consultation and negotiation . 

Conciliation  
Article 43. If the dispute is not resolved within six months from the date of making the request referred to in Article 42 is concerned, any of the parties to the dispute may submit the conciliation procedure specified in the Annex to this Convention bysubmitting to the Secretary General of the United Nations a request to that effect and reporting of this request to the other Party or other parties to the dispute. 

Judicial settlement and arbitration 
Article 44. Any State may, at the time of signature, ratification or its  accession to this Convention, or at any time thereafter, by notification to 
the depositary that, when a dispute has not been resolved by applying the procedures referred to Articles 42 and 43,  the dispute may be submitted to the  decision of the International Court of Justice  by written notice of either party to the dispute, request or As an alternative to  arbitration, provided that the other party to the dispute has made a similar statement. 


File sharing: 
Article 30.1. When one or more parts of the territory of a State separate from that Stateand form a State, and unless the predecessor State and the successor State have agreed otherwise:  a) the part of State archives of the predecessor State,


b) the part of State archives of the predecessor State, other than the part referred to in paragraph a), that relates directly to the territory to which the succession of States relates, shall pass to the successor State.

2. The predecessor State shall provide the successor State the best evidence available in its State archives relevant to territorial titles of the successor State or its boundaries or is necessary to clarify the meaning of documents of State archives of the predecessor State which pass to thesuccessor State pursuant to other provisions of this Article. 3. Agreements concluded between the predecessor and the successor State for State archives of the predecessor State shall not infringe the right of the peoples of those States to development, to information about their history and their cultural heritage. 4. The predecessor and successor States shall , at the request and expense of any of them or on an exchange,



That means that every file you have in Spain about the unique history of Catalonia should be moved to Catalonia (or vice versa).

CONCLUSIONS:

• Much has always talks about moving the proportion of El Prado, unfortunately it will not be entirely true. Catalonia may ask for a proportional share of the paintings by Catalan artists or the history of Catalonia.Something will happen in all national museums of all kinds. In the debt deal will be counted only the Spanish state, that amount is beyond that of other autonomous regions and municipalities. There are economists who say that Catalonia should only assume its territorialisability debt, although that would for another post because the problem is the calculation: need years of negotiations because it would have to look at each item in the budget, its execution and debt. Clarify that the airport of El Prat would be the Catalan people although its management AENA (which Catalunya would form shareholding part) remain in the air as the new Catalan government could establish a competitive grant, or NO as its 500 million annual profit could be used for other needs. Remember that  proportionality  and fairness  are not the same. Why the distribution of debt will be equal if there is division of property. I add that, for example, the Czech Republic and Slovakia debt divided by the proportion of the population. And Russia was left with thewhole of the USSR to avoid having to deliver anything new republics ... By the way, pay retirees is not a matter of deal because it pays to current contributions, although it could establish, over time, a study by each State knew the years quoted every retiree inside and outside Catalonia to distribute the pension as does Spain with other countries ... What will Spain? Hard to know. Their press has gone mad and is rabidly anti - Catalan. Your media will be very contrary to see Spanish embassies end up in the hands of Catalunya, or march pictures of the Museum of El Prado, or as the Catalan state is a partner of many Spanish public companies ... I think the Spanish government will try to give a value to those assets and deduct debt. But beware, remember what the equity . It is not fair  that only wants to talk about money, therefore Catalunya may impose a high price to that heritage that Spain will not want to share, which the Catalans say double Senzill per ... There is another option could be that Catalunya pay an amount proportionate to its GDP for decades (ever?) but that would lead to an amicable firm secession. Something I do not think that the Madrid press allows ... So be thinking about a separation dog face in which there will be no deal. There is another option that could be paid a proportionate amount Catalunya to its GDP for decades (ever?) But that would lead to an amicable firm secession.Something I do not think that the Madrid press allows ... So be thinking about a separation dog face in which there will be no deal. There is another option that could be paid a proportionate amount Catalunya to its GDP for decades (ever?) But that would lead to an amicable firm secession.Something I do not think that the Madrid press allows ... So be thinking about a separation dog face in which there will be no deal.