Serbia and Montenegro... divided we stand?

Serbia and Montenegro never looked like a love marriage. The Union emphasizes its members' sovereignty, rather than the sovereignty of the entity of Serbia and Montenegro. According to Article 2 of the Charter of the State Union of Serbia and Montenegro, the Union "shall be based on the equality of the two member states, the state of Serbia and the state of Montenegro." The Union's territory is composed of the territories of Serbia and of Montenegro. Belgrade is but the "administrative center" of the Union.

As far as membership in international organizations or succession to treaties of the Federal Republic of Yugoslavia (FRY) is concerned, however, international lawyers have got used to dealing with Serbia and Montenegro as a single entity. In accordance with Article 63 of its Charter, Serbia and Montenegro has assumed most international obligations of the FRY.

At the February 15th 2005 meeting, the WTO General Council accepted separate applications for membership of the Republic of Serbia and the Republic of Montenegro and agreed to the establishment of Working Parties to start negotiations. At the same time the application of “Serbia and Montenegro” was withdrawn and Serbia and Montenegro ceased to be an applicant and an observer.

A prelude to a divided stand in other international organizations?

For the history of Serbia and Montenegro's membership in the United Nations, cf. the recent ICJ judgments in the use of forces cases. Click here for the Charter of the State Union of Serbia and Montenegro.