ISSUES OF
MEMBERSHIP
Founders and other members
• Founders negociated the constituent treaty
• Little legal significance of the distinction
Membership
• Every organization will have its own rules on membership
• Examples:
•
UN Charter, Art. 4
•
TUE art. 49
•
Art. 3, CoE Statute
• Other forms of membership
State succession and membership
• Succession does not guarantee continuity
• Rules of each organization – but few organizations have their own rules
• Merger (decolonization)
• Accession (Germany)
• Dissolution
•
Soviet Union
•
Socialist Federal republic of Yugoslavia:
• Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro): application 1993, decision on jurisdiction 1996 (continuity in UN between SFRY and Serbia), judgment 2007 res judicata
• Legality of Use of Force (Serbia and Montenegro v. Belgium, Canada, France, Germany, Italy, Netherlands, Portugal, Spain, United Kingdom, United States of America): application 1999, judgment 2004 not part of the statute
Termination of Membership
• Expulsion:
•
Art. 6 UN Charter (and softer art. 5)
•
Art. 8 CoE Statute
• Other sanctions in case of material breach:
•
