Continuation of Membership in the United Nations Revisited: Lessons from Fifteen Years of Inconsistency in the Jurisprudence of the ICJ

Continuation of Membership in the United Nations Revisited: Lessons from Fifteen Years of... © 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Continuation of Membership in the United Nations Revisited: Lessons from Fifteen Years of Inconsistency in the Jurisprudence of the ICJ

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
DOI
10.1163/157180311X582143
Publisher site
See Article on Publisher Site

Abstract

© 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

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2011

Keywords: International Court of Justice (ICJ); interpretation of the UN Charter; horizontal inconsistency; United Nations; membership

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