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Author: Marko Milanovic Publisher: Oxford University Press, USA ISBN: 0198717512 Category : Law Languages : en Pages : 385
Book Description
The 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: Marko Milanovic Publisher: Oxford University Press, USA ISBN: 0198717512 Category : Law Languages : en Pages : 385
Book Description
The 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: Peter Hilpold Publisher: Martinus Nijhoff Publishers ISBN: 9004221271 Category : Law Languages : en Pages : 342
Book Description
The 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: James Summers Publisher: Martinus Nijhoff Publishers ISBN: 9004175997 Category : Law Languages : en Pages : 472
Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author: Monika Stachonova Publisher: ISBN: 9789058871855 Category : Kosovo (Republic) Languages : en Pages : 0
Book Description
Throughout history, States never suggested the act of promulgating the declaration of independence was contrary to international law. Would Kosovo be the first one? Its independence was declared unilaterally by the Parliament on February 17, 2008. Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? This crucial question was laid down by Serbia before the International Court of Justice (ICJ). The ICJ focused on the conformity of Kosovo's independence with international law, and, after taking all the facts into consideration, it issued an advisory opinion. By nine votes to five, the ICJ concluded that the adoption of the declaration did not violate any applicable rule of international law. This book presents the full text of the ICJ's advisory opinion on Kosovo.
Author: United Nations Publisher: DigiCat ISBN: Category : Fiction Languages : en Pages : 64
Book Description
In 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: James Summers Publisher: Martinus Nijhoff Publishers ISBN: 9004232966 Category : Law Languages : en Pages : 671
Book Description
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.
Author: Daniel Kurzmann Publisher: ISBN: 9783346157485 Category : Languages : en Pages : 24
Book Description
Seminar paper from the year 2018 in the subject Law - Miscellaneous, grade: 2, University of Graz, course: Human Rights, Minority Protection and Conflict Management, language: English, abstract: This year will mark the 10th anniversary of the Kosovar declaration of independence on February 18, 2008. This is a good opportunity to deal with the eventful history of Kosovo, a small area in the Western Balkan as big as Upper Austria. Until now, there is a controversy over the legal status of Kosovo under public international law. The political tensions between Kosovo and Serbia continue. For example, most recently on July 21, 2018 Serbia refused Kosovo ́s Minister for Foreign Affairs, Behgjet Pacolli, entry. Since Kosovo is no State, Belgrade argues, Kosovo cannot have a Minister for Foreign Affairs. Dealing with Kosovo is fruitful in many ways, in my point of view, for it can help to understand the triggers for remedial secession, to explain the external and internal right of self-determination of minorities and to show how political participation and the right to secession are linked. The eventful history of Kosovo will be portrayed at the outset of my seminar paper by discussing and highlighting selected aspects (2. A Short History of Kosovo - Selected Aspects). In a next step, the ICJ ́s Advisory Opinion of July 22, 2010 concerning Kosovo will be presented and critically appraised by discussing two noteworthy separate opinions (3. ICJ Advisory Opinion of July 22, 2010). Afterwards, the controversial instrument of remedial secession will be discussed by examining the normative question about its application in the Kosovo case (4. Right to secession?). At the end of my seminar paper a conclusion of the findings discussed will be provided.
Author: Christian Walter Publisher: OUP Oxford ISBN: 0191006912 Category : Law Languages : en Pages : 340
Book Description
Peoples 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: Christian J. Tams Publisher: Cambridge University Press ISBN: 1139448803 Category : Political Science Languages : en Pages : 397
Book Description
The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.
Author: Marko Milanovic
Author: Marko Milanovic
Author: Peter Hilpold
Author: James Summers
Author: United Nations
Author: Monika Stachonova
Author: United Nations
Author: James Summers
Author: Daniel Kurzmann
Author: Christian Walter
Author: Christian J. Tams