In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different reconstruction of the question of the FRY’s membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court.
Has Pandora's Box Been Closed? The Decisions on the Legality of Force Cases about the Status of the Federal Republic of Yugoslavia (Serbia and Montenegro)within the United Nations
VITUCCI, Maria Chiara
2006
Abstract
In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different reconstruction of the question of the FRY’s membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court.File in questo prodotto:
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