210
i n t e r nat i o na l l aw
Montenegro) was a successor to the former Yugoslavia precisely on the
same basis as the other former Republics such as Croatia, Slovenia and
Bosnia and Herzegovina. The matter was discussed by the Yugoslav Arbi-
tration Commission. In Opinion No. 1 of 29 November 1991, it was noted
that at that stage the Socialist Federal Republic of Yugoslavia was ‘in the
process of dissolution’.
67
However, in Opinion No. 8, adopted on 4 July
1992, the Arbitration Commission stated that the process of dissolution
had been completed and that the Socialist Federal Republic of Yugoslavia
(SFRY) no longer existed. This conclusion was reached on the basis of the
fact that Slovenia, Croatia and Bosnia and Herzegovina had been recog-
nised as new states, the republics of Serbia and Montenegro had adopted a
new constitution for the ‘Federal Republic of Yugoslavia’ and UN resolu-
tions had been adopted referring to ‘the former SFRY’.
68
The Commission
also emphasised that the existence of federal states was seriously compro-
mised when a majority of the constituent entities, embracing a majority
of the territory and population of the federal state, constitute themselves
as sovereign states with the result that federal authority could no longer be
effectively exercised.
69
The UN Security Council in resolution 777 (1992)
stated that ‘the state formerly known as the Socialist Federal Republic
of Yugoslavia has ceased to exist’. This was reiterated in resolution 1022
(1995) in which the Security Council, in welcoming the Dayton Peace
Agreement (the General Framework Agreement for Peace in Bosnia and
Herzegovina) between the states of the former Yugoslavia and suspend-
ing the application of sanctions, stated that the Socialist Federal Republic
of Yugoslavia ‘has ceased to exist’. On 1 November 2000, Yugoslavia was
admitted to the UN as a new member,
70
following its request sent to the
Security Council on 27 October 2000.
71
67
92 ILR, pp. 164–5. One should note the importance of the federal structure of the state
in determining the factual situation regarding dissolution. The Arbitration Commission
pointed out that in such cases ‘the existence of the state implies that the federal organs
represent the components of the Federation and wield effective power’,
ibid.
, p. 165.
68
See e.g. Security Council resolutions 752 and 757 (1992). See also the resolution adopted
by the European Community at the Lisbon Council on 27 June 1992, quoted in part in
Opinion No. 9, 92 ILR, pp. 204–5.
69
92 ILR, p. 201. In Opinions Nos. 9 and 10, the Arbitration Commission noted that the
Federal Republic of Yugoslavia (Serbia and Montenegro) could not consider itself as the
continuation of the SFRY, but was instead one of the successors to that state on the same
basis as the recognised new states,
ibid.
, pp. 205 and 208.
70
General Assembly resolution 55/12.
71
See the
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