Yugoslavia's membership "succession" to GATT and the WTO

Abstract

This article examines how the issue of State succession was interpreted and applied in the case of membership in General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) of the former Yugoslav republics, focusing on the claim of continuity by the Federal Republic of Yugoslavia (FRY) and the reactions of other states and international organizations. The article aims to (1) provide a historical overview of Yugoslavia's accession, membership, and suspension of its membership in GATT, as well as the FRY's assertion of identity and continuity with respect to the Socialist Federal Republic of Yugoslavia (SFRY) before the WTO; (2) analyze the legal arguments and political factors that influenced the decisions of the GATT and WTO bodies regarding the FRY's status; and (3) compare the accession processes and outcomes of the six former Yugoslav republics under the WTO framework. The article posits that FRY's assertion of continuity was rejected by both GATT and WTO, mirroring the stance of the UN, viewing FRY as a new State obligated to reapply for accession. Simultaneously, the transition from GATT to WTO coincided with the emergence of six distinct new States from the former Yugoslavia, each following a unique trajectory and timeline for accession to GATT/WTO.