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Author: United Nations
Publisher: DigiCat
Published: 2022-07-20
Total Pages: 64
ISBN-13:
DOWNLOAD EBOOKIn 2008 Kosovo declared independence from Serbia. This was accepted by some countries and rejected by others. This document examines whether Kosovo's declaration was in line with International Law, or not.
Author: Tribunal Internacional de Justicia (La Haya)
Publisher:
Published: 2010
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor:
Publisher:
Published: 2011
Total Pages: 132
ISBN-13:
DOWNLOAD EBOOKAuthor: Peter Hilpold
Publisher: Martinus Nijhoff Publishers
Published: 2012-06-08
Total Pages: 342
ISBN-13: 9004221271
DOWNLOAD EBOOKThe ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries.
Author: Marko Milanovic
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 385
ISBN-13: 0198717512
DOWNLOAD EBOOKThe Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.
Author: Michael Ioannidis
Publisher:
Published: 2011
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKThis paper discusses the recent Advisory Opinion of the ICJ regarding the accordance with international law of the Unilateral Declaration of Independence in respect of Kosovo. Addressing the Declaration as an attempt to introduce in Kosovo a legal order different from the one that was established for this territory by the UNSCR 1244, this paper argues that the Declaration infringes UNSCR 1244 and thus international law. This argument is based on an understanding of UNSCR 1244, and the legal acts adopted by the Special Representative of the Secretary-General on its basis, as having a dual legal nature. On the one hand, they are international law, because they derive their validity directly from the UN Charter, and on the other hand they function as the foundations of Kosovo's interim constitutional order. Against this background, the Declaration is here addressed as an attempt to overturn this international lawbased legal order and to establish a new one in its place. Such an attempt cannot be, however, normatively indifferent to the old constitutional regime, as the Advisory Opinion seems to imply. The ICJ, being an organ of the international law-based order, should rather regard as illegal any effort to overturn it. In short, the ICJ has here a role comparable to that of a constitutional court (here acting on behalf of Kosovo's international administration) being under the legal duty to uphold the validity of the legal order of which it is an organ against an attempt to overturn it (revolution in the legal, Kelsenian sense).
Author: Kate Parlett
Publisher: Cambridge University Press
Published: 2011-04-14
Total Pages: 463
ISBN-13: 1139499971
DOWNLOAD EBOOKKate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Author: Christian Walter
Publisher: OUP Oxford
Published: 2014-06-05
Total Pages: 337
ISBN-13: 0191006912
DOWNLOAD EBOOKPeoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Author: Fernando R. Tesón
Publisher: Cambridge University Press
Published: 2016-04-06
Total Pages: 259
ISBN-13: 1107119138
DOWNLOAD EBOOKIn this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author: International Court of Justice
Publisher:
Published: 2010
Total Pages:
ISBN-13:
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