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The Economy of Catalonia

the_economy_of_catalonia._questions_and_answers_on_the_economic_impact_of_independence

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Disputes<br />

erty mentioned in subparagraphs (d) and (e), to the creation <strong>of</strong> which<br />

the dependent territory has contributed, shall pass to the successor State<br />

in proportion to the contribution <strong>of</strong> the dependent territory.»<br />

At the request <strong>of</strong> either <strong>of</strong> the parties, disputes shall be settled by means <strong>of</strong> a<br />

consultation and negotiation process. If no agreement is reached on the dispute<br />

either <strong>of</strong> the parties may submit the dispute to a conciliation procedure before<br />

the United Nations Secretary-General. If no agreement is reached in this way,<br />

the dispute may be submitted to the International Court <strong>of</strong> Justice and also to<br />

arbitration, or to any other procedure for the settlement <strong>of</strong> disputes.<br />

Some notes on the distribution <strong>of</strong> assets. Property and<br />

criteria to be considered<br />

Property and rights to be considered<br />

Public property: property intended for public use and service which is<br />

situated in the territory <strong>of</strong> the successor State would be assigned directly<br />

without any type <strong>of</strong> compensation to the new State (the maritime land<br />

area, the beaches, the territorial sea, the natural resources <strong>of</strong> the economic<br />

area and <strong>of</strong> the continental shelf, the air space, the radio electric space, the<br />

roads, paths, canals, rivers, torrents, ports; the buildings in which are accommodated<br />

the services, <strong>of</strong>fices or appurtenances <strong>of</strong> the bodies <strong>of</strong> the<br />

State or <strong>of</strong> its autonomous agencies; and also the buildings which belong<br />

exclusively to the State and are intended for some public service or for the<br />

promotion <strong>of</strong> wealth, as would be the case <strong>of</strong> those <strong>of</strong> defence, as well as<br />

mines <strong>of</strong> which the concession has not yet been granted).<br />

Private property or heritage property: the private property and rights or heritage<br />

property and rights <strong>of</strong> the State situated in the territory <strong>of</strong> the successor<br />

State which are not in the public domain shall be transmitted directly, without<br />

any type <strong>of</strong> compensation to the new State. This would be the case <strong>of</strong><br />

the State-owned companies and <strong>of</strong> the rights <strong>of</strong> any nature which are derived<br />

from heritage property and rights (as in the case <strong>of</strong> airport infrastructures:<br />

AENA, Catalan airports; railway infrastructures: ADIF, RENFE;<br />

ground infrastructures; also tenancy rights, securities and titles representing<br />

shares and partnership units in the capital <strong>of</strong> mercantile companies or issued<br />

bonds, as well as futures contracts; intangible property rights; and the rights<br />

<strong>of</strong> any nature derived from the title <strong>of</strong> heritage property and rights.<br />

158 <strong>The</strong> <strong>Economy</strong> <strong>of</strong> <strong>Catalonia</strong>

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