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Published online by Cambridge University Press:  27 February 2017

M. Kelly Malone
M. Kelly Malone*
Affiliation:
Of the New York Bar; Lewis & McKenna, Saddle River, NJ
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Abstract

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Type
Correspondents' Agora: UN Membership of the Former Yugoslavia
Information
American Journal of International Law , Volume 87 , Issue 2 , April 1993 , pp. 246 - 248
Copyright
Copyright © American Society of International Law 1993

References

3 Id. at 833.

4 Id. at 830 (emphasis added).

5 See M. Kelly Malone, Comment, The Rights of Newly Emerging Democratic States Prior to International Recognition and the Serbo-Croatian Conflict, 6 Temp. Int’l & Comp. L.J. (1992) (galleys at 722–25 nn. 124–36) (discussing the events that led to the dissolution of Yugoslavia).

6 Conference for Peace in Yugoslavia, Arbitration Commission Opinion No. 1, para. 2(b), reprinted in 31 ILM 1494, 1496 (1992).

7 SC Res. 777 (Sept. 19, 1992) (emphasis added).

8 Blum, supra note 1, at 832 (citing fifth operative paragraph of the first Alma-Ata declaration, reprinted in 31 ILM at 148, 149).

9 Decision by the Council of Heads of State of the Commonwealth of Independent States, para. 1 (Dec. 21, 1991), reprinted in 31 ILM at 151, 151.

10 UN Doc. A/47/474 (Sept. 25, 1902) (letter from Republic of Bosnia-Hercegovina and the Republic of Croatia to Boutros Boutros-Ghali, Secretary-General of the United Nations).

11 UN Doc. A/47/485 (Sept. 29, 1992) (letter from Carl-August Fleischhauer, UN Under Secretary-General for Legal Affairs, to Mario Nobilo, Permanent Representative of the Republic of Croatia to the United Nations) (emphasis added).

12 See, e.g., GA Res. 3237 (Nov. 22, 1974) (General Assembly invites Palestine Liberation Organization to participate as observer in the Assembly and international conferences even though Charter provides for admission only of “State” entities under Article 4); UN Doc. S/PV/1859, at 3–41 (1974) (Security Council permits PLO to present its case despite its nonstate status).

13 According to the Sixth (Legal) Committee of the General Assembly:

As a general rule, it is in accordance with principle to assume that a … Member of the United Nations does not cease to be a Member from the mere fact that its constitution or frontiers have been modified, and to consider the rights and obligations which that State possesses as a Member of the United Nations as ceasing to exist only with its extinction as a legal person internationally recognized as such.

UN GAOR 6th Coram., 2d Sess., 43d mtg. at 38 (1947) (emphasis added).