1992

10th Opinion on Yugoslavia

27 April 1992 Montenegro and Serbia decided to establish a new entity bearing the name ‘Federal Republic of Yugoslav’ 18 May 1992 Lord Carrington, president of the Conference on Yugoslavia asked the Committee to formulate an opinion on: Is the Federal Republic of Yugoslavia a new State?

In opinion 8 the Committee concluded that the dissolution of the SFRY was complete and that none of the resulting entities could claim to be the sole successor to the SFRY Within the arbitration constituted by the administrative boundaries of Montenegro and Serbia in the SFRY the new entity meets the criteria of I public L for a state, the FRY is actually a new state and could not be the sole successor to the SFRY While recognition is not a prerequisite for the foundation of a State and is purely declaratory in its impact, it is nonetheless a discretionary act that other states may perform when they choose, subject to compliance with imperatives of general IL, in particular prohibition of use of force in dealings with other states, or guarantying the rights of ethnic, religious or linguistic minoritie