Legal Mode for Advisory Redress at the International Court of Justice for the Case of Macedonian UN Membership
Legal Mode for Advisory Redress at the International Court of Justice for the Case of Macedonian UN Membership

Summary/Abstract: The present article examines the legality of imposing additional conditions (with respect to those prescribed in the Charter) on Macedonia in SC Res. 817 (1993) and GA Res. 47/225 (1993) for its admission to UN membership. These conditions include acceptance by the applicant of a provisional name and an obligation to negotiate with another country (Greece) over its name. It is shown that the imposition of these conditions violates Article 4(1) and some other articles of the Charter. The consequences of the imposed conditions on the legal status of Macedonia as a UN member are also examined. The imposed conditions define a discriminatory status of the member state in violation of Article 2(1) of the Charter. It is shown that these violations of Charter provisions represent ultra vires acts of the UN Organization and involve its legal personality. These breaches of the Charter provisions also violate some of the basic rights of the applicant (and later member) state and gravely derogate its legal personality. The advisory jurisdiction of the International Court of Justice is considered to provide appropriate mechanisms for the judicial redress of the effects of the above illegal acts of the UN Organization.

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