© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157180311X582143 The Law and Practice of International Courts and Tribunals 10 (2011) 315–350 brill.nl/lape Continuation of Membership in the United Nations Revisited: Lessons from Fifteen Years of Inconsistency in the Jurisprudence of the ICJ Fernando Lusa Bordin* PhD Candidate, University of Cambridge, UK Abstract The judgment on preliminary objections in Croatia v. Serbia provided closure to fifteen years of controversy as to whether Serbia had access to the ICJ from 1992 to 2000, a period in which Serbia was involved in three sets of cases before the Court. At the heart of the controversy lay the question of the status of Serbia vis-à-vis the United Nations following the disaggregation of the former Yugoslavia. Taking as a starting point the series of cases relating to the application of the Genocide Convention and the legality of use of force by NATO states, this article revisits the issue of continuation of membership in the United Nations. It begins by discussing the problems posed by the “horizontal inconsistency” among the Court’s jurisdictional findings, which implied that Serbia had and did not have access to the Court in the relevant period. It then offers a critique
The Law & Practice of International Courts and Tribunals – Brill
Published: Jan 1, 2011
Keywords: International Court of Justice (ICJ); interpretation of the UN Charter; horizontal inconsistency; United Nations; membership
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera