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Failing Mark: Serbia's 100 days of new government 
By Boba Borojevic 
November 19, 2008 
 
Trifkovic: "You simply cannot get very far with the powers that want to obtain 
further concessions from you by saying that come what may, you will regard them 
as your only possible strategic partners. If the Serbs were a little bit 
difficult, if the Serbs were creating a little bit more problems to Brusseles 
and Washington, they would be respected more and they would obtain better 
deals."
 
"Basically, after and if general Mladic is arrested who knows what  other 
conditions will be imposed on Serbia by the EU including for instance: the 
recognition of Kosovo’s independence, the reparation to the alleged victims of 
Serberenica, or for instance the freezing of Serbia’s proceedings to obtain 
legal judgement at the ICJ."
======

The decisions made in the first 100 days of government in office are seen as 
crucial indicators of a country's future course. At the end the hundred days, 
by an unwritten rule the opposition can start pointing out to the government 
and the public at large any unfulfilled promises.
When reporting to the Parliament beginning of October, PM of Serbia Mirko 
Cvetkovic and his cabinet ministers listed as their greatest achievements “the 
arrest of Radovan Karadži?, improved cooperation with The Hague, UN General 
Assembly adoption of Belgrade's International Court of Justice (ICJ) resolution 
on the legality of the unilateral declaration of independence by 
Kosovo–Metohija (rebel Albanians), establishing a contract with Fiat car 
manufacturer, ratifications of the strategic energy agreement with Russia and 
the Stabilisation and Association Agreement (SAA) with the EU.”
Srdja Trifkovic, director of the Center for International Affairs at The 
Rockford Institute, believes that there is far less than meets the eye to the 
new government’s first 100 days.
“The fact that the SAA was adopted by Parliament can hardly be called a success 
of the government. For as long as they have a majority in Parliament it is only 
to be expected. We should add at the same time, that the application of the 
agreement was blocked by the Netherlands and Belgium for as long as General 
Mladic and suddenly remembered fugitive, Goran Hadzic, remain at large. It is 
obvious that it is not in the power of this government to apprehend Mladic and 
Hadzic, otherwise they would have done so long time ago. So, the adoption of 
the SAA by the Serbian government remains a dead letter and a perfectly 
meaningless gesture for as long as the EU itself refuses to countenance the 
application of the Agreement, putting it into force pending the arrest of the 
remaining two fugitives from the Hague’s quasi justice.
 
The Energy Deal with Russia
As far as the agreement with Russia is concerned, Trifkovic points out to a 
“problem with constant attempt by some people of the Serbian government, 
notably the finance minister Mladjen Dinkic, to renegotiate that deal by 
re-evaluating the oil industry of Serbia public company NIS (Naftna Industrija 
Srbije). It is tantamount to saying to the purchaser of a car, for instance, 
who has already signed the contract and payed the deposit, that you want to 
have it reappraised because you believe you didn’t make a particularly good 
deal.  The energy deal with Russia is binding and it is totally irresponsible 
for the Serbian government to pretend that it can be retroactively negotiated.
The overall strategic importance of this deal is such that the dispute over the 
price seems almost trivial by comparison. It is perfectly clear that if the 
Russians decide that the Serbs are reneging on the deal, they can still opt to 
go through Romania into Hungary from Bulgaria and Serbia can end up being 
completely bypassed.
And then, Mladjen Dinkic’s favourites, the Hungarian MOL and the Austrians, 
will end-up buying the Serbian Oil company ostensively for more money but 
ultimately only in order to liquidate it and to ensure that they have 
monopolistic position in the South-East-European market,” opinionated Trifkovic.
 
The Fiat Deal
The Fiat-deal is not as bright as it looks. Trifkovic stressed that Serbian 
side doesn’t have “a clear number of vehicles that are projected to be produced 
there. It also remains to be seen if this is a simple a route by the Italian 
manufacturer to take advantage of the Serbian privileged access to the Russian 
market. Let’s not forget that even from the Milosevic’s years there is an 
agreement that is still in force that gives Serbia duty-free access to the 
Russia’s markets and whether the investment into new plant and production will 
indeed yield the level of rush employment that has been advertised.
Stabilization and Association Agreement Prime Minister Cvetkovic, not only 
seems to be playing politics by presenting the record of the government as 
brighter than it really is, but also is being disingenuous in a deliberate 
manner.  According to Trifkovic, PM Cvetkovic “knows as well as most other 
thinking Serbs that the Agreement with the EU may remain frozen for many years 
to come and that even if it is applied then there will be further years of 
strenuous negotiations if and when Serbia gets the candidate status.
So, the relationship with the EU is almost demeaning. On the one hand the EU is 
not applying any of the agreements that have been heralded as major 
breakthroughs and on the other, the Tadic – Cvetkovic tandem keeps pretending 
that the European path is not only immanent but wide open and has a clear 
time-table. Neither of which is the case.”
The performance of Tadic-Cvetkovic government in Serbia reflects in some sense 
the overall western/ EU countries’ way of dominance over small countries of 
Eastern Europe and the former Soviet block. They show disregard for the 
existing positive law of these small sovereign countries and openly demonstrate 
that any kind of national politics is not favourable. Trifkovic doesn’t believe 
that this can be any major obstacle for the Serbian government to work on 
strengthening Serbia ’s economy and image at home and abroad.
“When it became clear that in spite of the victory of the so–called pro 
European forces at the Serbian general election on 11th of May the application 
of the Agreement would have remained frozen they should have not proceeded with 
its ratification. If one party to the contract tells you that the contract will 
not be regarded as valid then the other party, by proceeding on its path to do 
what is necessary to make it active, is put in an inferior position.
The International Court of Justice If the proceeding comes, when it comes and 
it may take years, it has an entirely advisory function. It is not binding on 
any of the parities and it is not regarded as something that has strength of 
verdict in the legal sense. In other words, the countries that have recognized 
Kosovo can simply shrug their shoulders and say this is an opinion of the court 
not a ruling of the court.
Trifkovic says that “in order to obtain the proper ruling, Serbia has to take 
to court the countries that have recognized Kosovo. That is what the former 
Prime Minister of Serbia Dr. Vojislav Kostunica wanted to do. For reasons that 
remain unexplained the Democratic Party which now holds the rains of power and 
the Foreign Minister Vuk Jeremic have refused to do so.”
Meaningless victory Prime Minister Mirko Cvetkovic reiterated that the adoption 
of the Resolution seeking and advisory opinion on the legality of the 
unilateral declaration of independence of Kosovo in the UN General Assembly is 
among “the biggest diplomatic successes of Serbia ’s government in the previous 
decades.”
Trifkovic, however believes that: “The so-called victory at the UN General 
Assembly is perfectly meaningless. Even if the ICG rules in Serbia’s favour, 
which can happen in two or three year’s time, by that time the effect of such 
ruling will be rendered almost irrelevant. The countries that have recognized 
Kosovo by that time will be under no obligation to break relations or to 
retroactively derecognize Kosovo. As long as the ICJ gives an opinion rather 
than a ruling, the whole exercise is for domestic politics to create the 
illusion that the government is doing something useful. Whereas, in fact, it is 
very careful not to upset the powers that be in the Western world and to act as 
if it is already accepting partition of Kosovo at best or its complete loss at 
worst. The current victory at the UN General Assembly is meaningless because in 
the long term it is more song and dance for domestic consumption then a truly 
weighty and meaningful diplomatic
 victory that would enter the calculus of the great powers,” concludes 
Trifkovic.
________________________________
The abject inferiority of the DS party which is the dominant partner in the 
coalition vis-à-vis the western powers are harmful and detrimental to Serbia’s 
national interest. You simply cannot get very far with the powers that want to 
obtain further concessions from you by saying that come what may, you will 
regard them as your only possible strategic partners. If the Serbs were a 
little bit difficult, if the Serbs were creating a little bit more problems to 
Brusseles and Washington, they would be respected more and they would obtain 
better deals. 
________________________________
Basically, after and if general Mladic is arrested who knows what  other 
conditions will be imposed on Serbia by the EU including for instance: the 
recognition of Kosovo’s independence, the reparation to the alleged victims of 
Serberenica, or for instance the freezing of Serbia’s proceedings to obtain 
legal judgement at the ICJ. 


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