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Legality of Use of Force, Serbia and Montenegro v United Kingdom, Judgment, Preliminary Objections, [2004] ICJ Rep 1307, ICGJ 48 (ICJ 2004), 15th December 2004, United Nations [UN]; International Court of Justice [ICJ]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 October 2020

Whether Serbia and Montenegro was entitled under Article 35(1) of the Statute of the International Court of Justice to have the Court hear its Application, considering that the its predecessor state (the Federal Republic of Yugoslavia) was not the continuator state to the Socialist Federal Republic of Yugoslavia, and thus not unambiguously a member of the United Nations or party to the Statute on 29 April 1999 when it filed its Application.

Whether the Court had jurisdiction to hear the complaint under Article 35(2) of the Statute, considering that Yugoslavia was not a party to a jurisdiction–conferring treaty which was in force when the Statute entered into force on 24 October 1945.

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