Dismembration

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Dismembration as opposed to secession

Dismembration is the disintegration or division of a state ( in toto ) into two or more new states. In contrast to secession , the old state does not remain as a subject of international law , but goes under, while the emerging states are new subjects of international law that are not identical to the old state.

Examples of this are the dissolution of Czechoslovakia when the Czechoslovak Federal Republic ceased to exist on December 31, 1992 and the Czech and Slovak Republics applied for membership in the United Nations as successor states , and the break-up of Austria-Hungary and Yugoslavia .

The latter case, on the other hand, was controversial, since the state, which existed on the territory of the present-day states of Serbia and Montenegro , called itself the Federal Republic of Yugoslavia (FRY) and regarded itself as identical to the Socialist Federal Republic of Yugoslavia (SFRY), and consequently saw the process as a secession of the other republics. The question was discussed in international law . However, Yugoslavia's argumentation was not accepted by the Arbitration Commission of the Peace Conference for Yugoslavia, the so-called Badinter Commission : In its rulings, it took the view that the SFRY had completely dissolved, and consequently the Federal Republic of Yugoslavia was not identical with it under international law. While the FRY regarded itself as the legal successor of the SFRY under state and international law , the Badinter Commission assumed the fall of the old SFRY, which meant that the solution of all questions of legal succession was only permissible in coordination with all the new states that had arisen. Third countries have also largely assumed this to be the case. The Serbian-Montenegrin state ( rest of Yugoslavia ) was asked to join the UN as a new member - and did so in 2000 - instead of being able to continue the membership of the old Yugoslavia .

See also

Individual evidence

  1. ↑ See e.g. B. Blum, American Journal of International Law , Vol. 86 (4) (1992), pp. 830-833.
  2. ↑ Cf. Andreas Zimmermann , State Succession in International Treaties: At the same time a contribution to the possibilities and limits of international law codification (= contributions to foreign public law and international law; Vol. 141), Springer, Berlin / Heidelberg / New York 2000, ISBN 3-540 -66140-9 , p. 104 ff., Passim with further references
  3. ↑ After the FRY gave up its claim to identity and applied for membership in the United Nations on October 27, 2000, it was admitted as a new state on November 1, 2000. See S / RES / 1326 of October 31, 2000; A / 55 / L.23 of November 1, 2000.
  4. ^ Member States of the United Nations ; on this Andreas von Arnauld , Völkerrecht , 2nd ed. 2014, marginal no. 101 .