Law and politics of the kosovo advisory opinion oxford. The court notes that, in past requests for advisory opinions, the general assembly and the security council, when they have wanted the courts opinion on the legal consequences of an action, have framed the question in such a way that this aspect is expressly stated. As a dispute settlement body, the court has the task to facilitate the settlement of disputes which otherwise might continue to endanger international peace and security. Charter allows the general assembly to request an advisory opinion on any legal question. Which is why the icj in its advisory opinion states that, in the present case, however, the court has not been asked to give an opinion on whether the declaration of independence is in accordance with any rule of domestic law but only. This book examines the 2010 kosovo advisory opinion of the international court of justice. The main theme of the book is the interplay between law and politics.
The icj was asked to give an advisory opinion on the legality of kosovo s declaration of independence from serbia in february. In the kosovo advisory opinion, the international court of justice took the position that kosovo s unilateral declaration of independence did not violate any applicable rules of international law. Oct 10, 2008 overview of the case on 8 october 2008 resolution 633, the general assembly decided to ask the court to render an advisory opinion on the following question. In terms of length, the kosovo advisory opinion is not out of line with other advisory opinions. Kosovospain relations and the dilemmas on the problem of non. The kosovo advisory opinion scrutinized by jure vidmar ssrn. On july 22, 2010, the international court of justice icj issued its advisory opinion on kosovos.
Icj advisory opinion on kosovo independence declaration by rafal kownacki and tomasz zornaczuk the international court of justice icj gave on 22 july 2010 an advisory opinion on the legality under international law of the unilateral declaration of the independence of kosovo. Report of the international committee of jurists entrusted by the council of the league of nations with the task of giving an advisory opinion upon the legal aspects of the aaland islands question, league of nations off. The kosovo advisory opinion scrutinized leiden journal. On 22 july 2010, the international court of justice gave its advisory opinion on the question of the accordance with international law of the unilateral declaration of independence in respect of kosovo. The territory of kosovo is the subject of a dispute between serbia.
Hopes, disappointments and the relevance to crimea. The ethnic makeup of kosovo is majority albanian with a serb minority. Pdf what the kosovo advisory opinion means for the rest of the. Accordance with international law of the unilateral declaration of independence in respect of kosovo, advisory opinion. Accordance with international law of the unilateral declaration of independence in respect of kosovo was a request for an advisory opinion referred to the international court of justice by the united nations general assembly regarding the 2008 kosovo declaration of independence. On july 22, 2010, the international court of justice icj issued its longawaited advisory opinion on the legality of kosovos declaration of independence of february 17, 2008. Law and politics of the kosovo advisory opinion oxford scholarship. The icj has now officially announced that it will deliver its advisory opinion in the kosovo case on 22 july. Jul 23, 2010 to kick it off i would just underscore that we were very pleased yesterday when the international court of justice issued its advisory opinion agreeing with our longstanding view that kosovos declaration of independence was in accordance with international law, and that it did not violate security council resolution 1244. Their purpose is not to settle, at least directly, interstate disputes, but rather to offer legal advice. This article does not dispute the final finding, but rather critically examines the courts somewhat controversial reasoning and considers the added. Before reaching this conclusion, the court first addressed the question of whether it possessed jurisdiction to give the advisory opinion requested by the general assembly. Is the unilateral declaration of independence by the provisional institutions of selfgovernment of kosovo in accordance with international law. This article does not dispute the final finding, but rather critically examines the courts somewhat controversial reasoning and considers the added value of the opinion for the clarification of.
The advisory opinion on kosovos declaration of independence. Accordance with international law of the unilateral declaration of independence in respect. The courts advisory opinion was welcomed by kosovo, other entities seeking independence and the uk government amongst others. Murphy, reflections on the icj advisory opinion on kosovo.
Icj advisory opinion on kosovo independence declaration. Accordance with international law of the unilateral declaration of independence in respect of kosovo. The icjs advisory opinion on kosovo united states institute of. Declaration of independence in respect of kosovo jurisdiction of the court to give the advisory opinion requested.
Pdf on 22 july 2010, the international court of justice hereinafter the icj delivered its advisory opinion on the accordance with international. Marko milanovic has done a great job parsing the main issues that were at bar, namely 1. The main theme of the book is the interplay between law and politics regarding kosovos independence generally and the advisory opinion specifically. The kosovo advisory opinion, self determination, and secession 23. Notes on the international court of justice part 4. Latest developments accordance with international law of.
Jul 22, 2010 the discretion whether or not to respond to a request for an advisory opinion exists so as to protect the integrity of the courts judicial function and its nature as the principal judicial organ of the united nations status of eastern carelia, advisory opinion, 1923, p. In 1991 and 1992, slovenia, croatia, macedonia, and bosnia, four of the six. Advisory opinion on kosovos declaration of independence wikipedia. Firstly, it is not a binding judgment but an advisory opinion. The court delivered its advisory opinion on 22 july 2010. At the same time, the icj, just as any national judicial organ. This chapter analyses the icjs advisory opinion, describing it as a tightrope exercise between different functions of an international judiciary. In july 2010 the international court of justice icj found that kosovos declaration of independence on 17 february 2008 did not breach international law. The advisory opinion on kosovo recognized that resolution 1244 was mostly concerned with setting up an interim framework of selfgovernment. The opinion has however been widely misunderstood and misreported. Pdf a note on the icj advisory opinion on kosovo researchgate. Overview of the case international court of justice. Overview of the case on 8 october 2008 resolution 633, the general assembly decided to ask the court to render an advisory opinion on the following question.
The event was organised to discuss the advisory opinion of the international court of justice icj and its implications for international law, for kosovo and for other situations. The international court of justices advisory opinion on. International court of justice advisory opinion on kosovo. Icj advisory opinion on kosovo an african perspective. The territory of kosovo is the subject of a dispute between serbia and the republic of kosovo established by the. The kosovo advisory opinion, 9 chinese jil 2010 763782, at 763. Accordance with international law of the unilateral declaration of independence in respect of kosovo, advisory opinion, i. Participants included representatives of government, embassies, ngos, academics, and. Institutions of selfgovernment of kosovo in accordance with interna tional law. Accordance with international law of the unilateral.
Pdf the kosovo advisory opinion scrutinized jure vidmar. Yee, note on the international court of justice part 4. With regard to your point a the advisory opinion of the icj can be useful to the unga for any of these issues. Hopes, disappointments and its relevance to crimea article pdf available june 2015 with 128 reads how we measure reads. Power of general assembly to request advisory opinions.
Serbia, russia and some other governments condemned it. International court of justice advisory opinion on kosovos. Is the unilateral declaration of independence by the provisional. The kosovo advisory opinion, self determination, and. Reflections on the icj advisory opinion on kosovo scholarly. The icjs advisory opinion on kosovo summary on july 22, 2010, the international court of justice icj issued its advisory opinion on kosovos declaration of independence of february 17, 2008, observing that the declaration was not in violation of international law. Kosovo s special autonomy was ended by slobodan milosevic in 1989.
The icj had jurisdiction to issue an advisory opinion because the u. Instead, by a majority of 10 to four, the icj concluded that the adoption of the. Accordance with international law of the unilateral declaration of independence in respect of kosovo 2009, april. The kosovo advisory opinion scrutinized leiden journal of. Pdf the advisory opinion on kosovos declaration of. When seised of a request for an advisory opinion, the court must first consider whether it has jurisdiction to give the opinion requested and whether. In its advisory opinion delivered on 22 july 2010, the court concluded that the declaration of independence of kosovo adopted on 17 february 2008 did not violate international law. Accordance with international law of the unilateral declaration of independence in respect of kosovo advisory opinion of 22 july 2010 179 e. The advisory opinion proceeding concerning accordance with international law of the unilateral declaration of independence in respect of kosovo the kosovo advisory opinion 1 is the first in which all of the permanent members of the security council have participated in both the written and oral proceedings, 2 a situation not found even in the. The recent international court of justice icj advisory opinion on kosovo is bound to have a profound impact on the evolving role of international law with respect to unilateral declaration of. All this information has been compiled in wikipedia entry reactions to the international court of justice advisory opinion on kosovos. Whether the icj should exercise advisory jurisdiction in this case. Advisory opinion on kosovos declaration of independence. An analysis of the icj advisory opinion on kosovos unilateral.
The judgment was narrow in scope, focusing principally on whether the declaration was. The international court of justice icj ruled in an advisory opinion on 22 july 2010 that kosovos 17 february 2008 unilateral declaration of independence. Now that ive had a chance to read through the icjs advisory opinion, following are a few initial reactions. Within the former socialist federal republic of yugoslavia sfry, kosovo was an autonomous province within the republic of serbia.
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