Applying Kosovo: Looking to Russia, China, Spain and Beyond After the International Court of Justice Opinion on Unilateral Declarations of Independence

2010 ◽  
Vol 11 (7-8) ◽  
pp. 913-928 ◽  
Author(s):  
Hanna Jamar ◽  
Mary Katherine Vigness
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
Separatist Movements

When the International Court of Justice (ICJ) released its advisory opinion regarding the legality of Kosovo's unilateral declaration of independence (UDI) on 22 July 2010, Serbia was not the only State to express its dissatisfaction with the outcome. The broader significance of the ICJ's finding that Kosovo's UDI in 2008 did not violate international law has profound relevance for other States. The United States and its allies claim that Kosovo's situation is unique and does not serve as precedent, but other nations facing separatist movements within their own borders may have reason to be concerned.

A Note on the ICJ Advisory Opinion on Kosovo

2010 ◽  
Vol 11 (7-8) ◽  
pp. 867-880 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

On 22 July 2010, the International Court of Justice (hereinafter the “ICJ”) delivered its advisory opinion on the accordance with international law of the unilateral declaration of independence in respect of Kosovo. The ICJ concluded that the declaration of independence dated 17 February 2008 did not violate any applicable rule of international law consisting of general international law, UNSC resolution 1244 (1999) (hereinafter the “Resolution 1244”) and the Constitutional Framework for Provisional Self-Government in Kosovo (hereinafter the “Constitutional Framework”). The ICJ delivered the advisory opinion in response to a question set out in resolution 63/3 dated 8 October 2008 of the General Assembly of the United Nations Organization (hereinafter the “General Assembly”), which asked if “the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo is in accordance with international law.”

I. INTERNATIONAL COURT OF JUSTICE, ACCORDANCE WITH INTERNATIONAL LAW OF THE UNILATERAL DECLARATION OF INDEPENDENCE IN RESPECT OF KOSOVO, ADVISORY OPINION OF 22 JULY 2010

2011 ◽  
Vol 60 (3) ◽  
pp. 799-810 ◽  
Author(s):  
Dov Jacobs
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

‘Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?’ It is to answer this question that the General Assembly of the United Nations (‘UNGA’) requested an advisory opinion of the International Court of Justice (‘ICJ’). The request, adopted in October 20081 and initially sponsored by Serbia, was triggered by the declaration of independence of Kosovo issued on the 17 February 2008.2 Some two years later, on the 22 July 2010, the ICJ delivered its Advisory Opinion.3 By a 10–4 vote, the ICJ found that the declaration of independence of Kosovo did not violate international law.

The Kosovo Advisory Opinion and UNSCR 1244 (1999): A Declaration of ‘Independence from International Law’?

2011 ◽  
Vol 24 (1) ◽  
pp. 109-126 ◽  
Author(s):  
MARCELO G. KOHEN ◽  
KATHERINE DEL MAR
Keyword(s):  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration

AbstractThis article focuses on the reasoning employed by the International Court of Justice in its Advisory Opinion rendered on 22 July 2010 with respect to the most formidable legal impasse of the accordance with international law of the unilateral declaration of independence: the lex specialis that applied at the critical date, and which the Court affirmed continues to apply to Kosovo, as established by the United Nations Security Council in its Resolution 1244 (1999). The Court's analysis of the applicable lex specialis is questionable. Its analysis was coloured by the narrow approach it took to answering the question it was asked to address. It queried an unambiguous factual qualification made by the General Assembly, and it disregarded factual qualifications made by the Secretary-General, his Special Representative, and indeed all relevant actors. It failed to uphold the legally binding provisions of Security Council Resolution 1244, and it did not qualify as unlawful or invalid an act of a subsidiary body of the Security Council that was undertaken in excess of authority and contrary to the fundamental provisions of that Resolution. The resolute conclusion of the majority of the Court that the unilateral declaration of independence did not violate international law seems to read as a declaration of ‘independence from international law’.

The Legal Effects of United Nations Resolutions in the Kosovo Advisory Opinion

2011 ◽  
Vol 105 (1) ◽  
pp. 81-90 ◽  
Author(s):  
Marko Divac Öberg
Keyword(s):  
United Nations ◽  
International Law ◽  
International Community ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration

As the international community waited for the International Court of Justice (the Court) to deliver its advisory opinion of July 22, 2010, commentators wondered whether the Court would skirt difficult issues by adopting a narrow reading of the question put to it. While the Court's ruling in Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo did turn out to be limited, the opinion contributes significantly to the Court's jurisprudence on the legal effects of United Nations resolutions.

The ICJ Advisory Opinion on theAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovoand the International Protection of Minorities

2010 ◽  
Vol 11 (7-8) ◽  
pp. 847-865 ◽  
Author(s):  
Björn Arp
Keyword(s):  
International Law ◽  
Media Coverage ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
International Protection ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

Very seldom has a judgment or advisory opinion of the International Court of Justice (ICJ) received so much media coverage as the recent Advisory Opinion on theAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovorendered on 22 July 2010 in response to a question posed by the General Assembly. The question had been forwarded on behalf of a request by Serbia and was phrased in the following way: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

Kosovo: The Post-advisory Opinion Stage

2015 ◽  
Vol 22 (4) ◽  
pp. 486-510
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
European Union ◽  
International Law ◽  
Advisory Opinion ◽  
The European Union ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
Legal Position

The Unilateral Declaration of Independence by Kosovar authorities in Pristina in 2008 has generated heavy legal and political controversies. The delivery by the International Court of Justice of its advisory opinion on Kosovo unilateral declaration of independence in 2010 has not led to the elimination of unilateralist positions as to Kosovo’s status. Such unilateralist approach, favouring Kosovo’s independence either in principle or in practice, has since been adopted by the local Kosovar authorities, a number of governments and by the European Union. This contribution addresses the merit of such unilateralist positions and examines whether these positions could adversely affect the legal position as to Kosovo’s status under general international law as well as un Security Council resolution 1244 (1999).

The Thirty—Third Year of the World Court

1955 ◽  
Vol 49 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
United States ◽  
Soviet Union ◽  
United States Of America ◽  
The United States ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
The Soviet Union ◽  
International Court ◽  
History Of

The history of the International Court of Justice in its thirty-third year is contained in narrow compass. It is chiefly confined to one judgment rendered by the Court in the Case of the Monetary Gold Removed From Borne in 1943, and to the advisory opinion given by the Court on the Effect of Awards Made By the United Nations Administrative Tribunal. Apart from these, in the Nottebohm Case between Liechtenstein and Guatemala, the time for the rejoinder of Guatemala to be filed was extended for one month, to November 2, 1954. Action was taken by the Court ordering that the “Électricité de Beyrouth” Company Case be removed from the list at the request of the French Government; the Court also ordered that two cases brought by the United States against Hungary and the Soviet Union, relating to the Treatment in Hungary of Aircraft and Crew of United States of America, should be removed from the list for lack of jurisdiction.

Fuzzy Statehood: An International Legal Perspective on Kosovo's Declaration of Independence

2009 ◽  
Vol 34 (4) ◽  
pp. 361-402 ◽  
Author(s):  
Bernhard Knoll
Keyword(s):  
International Law ◽  
Main Body ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Public International Law ◽  
International Norm ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Legal Perspective

AbstractThis contribution subjects Kosovo's declaration of independence of 2008 to a comprehensive and detailed analysis from the perspective of international law. It begins with a reflection on Kosovo's status process as it unfolded in 2006 and discusses some of the challenges that Serbia faced when it proposed that Kosovo be vested with “more than autonomy, less than independence”. The main body of the article speculates on some of the implications that Kosovo's independence may have in public international law, especially with a view to the forthcoming International Court of Justice (ICJ) advisory opinion on the matter. It concludes that the resolution of Kosovo's status has to be seen in the context of a decreasing reliance on the international norm that has hitherto protected the territorial integrity of states.

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