Chapter

Separate Opinion of Judge Higgins

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0096
Separate Opinion of Judge Higgins

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The International Court of Justice in its judgment found that the observations of Serbia and Montenegro, as discussed in this chpater, had not had the legal effect of discontinuance of proceedings under the rules. The starting point for discontinuance was Article 38, paragraph 2, of the Rules of Court, whereby the applicant ‘shall specify as far as possible the legal grounds upon which the jurisdiction of the Court is said to be based’. While United Nations General Assembly resolution 55/12 of 1 November 2000, admitting the Federal Republic of Yugoslavia as a new state, necessarily clarifies the legal situation thereafter, it remains debatable whether ‘from the vantage point from which the Court now looks at the legal situation’, the ‘new development in 2000…has clarified the thus far amorphous legal situation concerning the status of the Federal Republic of Yugoslavia vis-à-vis the United Nations’ at the relevant time.

Keywords: International Court of Justice; Serbia and Montenegro; discontinuance; United Nations; Yugoslavia; jurisdiction

Chapter.  2831 words. 

Subjects: Public International Law

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