Current Legal Status of the Federal Republic of Yugoslavia (FRY), and of Serbia and Montenegro

Abstract

The deteriorating relationship between Montenegro and Belgrade has raised the question of whether the Federal Republic of Yugoslavia, with its two constituent republics of Serbia and Montenegro, in fact continues to exist. The answer to this question has immediate relevance to the forthcoming federal elections scheduled for 24 September 2000, and in particular the issues of:• whether the government of Montenegro can legitimately boycott those elections, in the sense of refusing to co-operate in their physical conduct and encouraging Montenegrins not to vote; and• whether the federal government is entitled to take any, and if so what, action in response to the Montenegrin government so deciding.This legal briefing paper seeks, in this context, to address the following questions:• What precedents were set by the decisions of the European Community (EC) Arbitration Commission concerning the status of the former Socialist Federal Republic of Yugoslavia (SFRY) and its Republics that might be relevant to an assessment of the current legal status of the FRY?• What actions have been taken by the FRY federal government, the Republic of Montenegro, the Republic of Serbia, or the international community that may affect the status of the FRY and the legitimacy of its government and federal institutions?• What is the current status of the FRY, its government and federal institutions, and how does this affect Montenegro's obligation to participate in the 24 September 2000 federal elections?