The ICJ Advisory Opinion on Kosovo

The ICJ Advisory Opinion on Kosovo

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Overview

The ICJ Advisory Opinion on Kosovo by Monika Stachonova

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.

Product Details

ISBN-13: 9789058871855
Publisher: International Courts Association
Publication date: 02/24/2014
Pages: 146
Product dimensions: 6.30(w) x 9.40(h) x 0.40(d)

Table of Contents

1 Summary of Kosovo Case at ICJ 1

2 Security Council Resolution 1160 (1998), 31 March 1998 5

3 Security Council Resolution 1199 (1998), 23 September 1998 9

4 Security Council Resolution 1203 (1998), 24 October 1998 14

5 Security Council Resolution 1239 (1999), 14 May 1999 18

6 Security Council Resolution 1244 (1999), 10 June 1999 20

7 UNMIK/REC/20.01/19, 13 September 2001 Regulation NO. 2001/19 on the executive branch of the provisional institutions of self-government in Kosovo 28

8 A/RES/63/3, 8 October 2008 Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law 50

9 Summary of the Advisory Opinion 51

10 A/64/881, 26 July 2010 Advisory opinion of the International Court of Justice on the accordance with international law of the unilateral declaration of independence in respect of Kosovo 82

11 A/64/876, 28 July 2010 Letter dated 27 July 2010 from the Permanent Representative of Serbia to the United Nations addressed to the Secretary-General 129

12 A/64/L.65/Rev.I, 8 September 2010, Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in a accordance with international law 132

13 A/64/PV.120, 9 September 2010 Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law 133

14 A/RES/64/298, 13 October 2010 Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law 141

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