ICJ AO on Kosovo’s Declaration of Independence: Legal Analysis of Different Perspectives

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī

关键词: ICJ;    Kosovo;    Declaration of Independence;    Recognition;    Secession;    Advisory Opinion;   

DOI  :  

来源: DOAJ

【 摘 要 】

The ICJ Advisory Opinion (22 July 2010) through which the consistency of unilateral declaration of independence with international law was recognized , stands among the pivotal International instruments pertaining the relation between Territorial Integrity and the Right of Self Determination. Therein, the Court after making implicit reference to Lotus Principle considered Kosovo’s declaration of independence as lawful, nonetheless, it strived to evade political controversies by raising technical issues on the merit of the UN General Assembly’s request for AO .There is little doubt that the court’s AO covertly contains political elements and has thereby brought about legal challenges as to consistency of the Right of Self Determination and that of Territorial Integrity. Scrutinizing the Court’s Opinion is of grave importance since as of Feb 2012, 88 states (47% of all) have recognized Kosovo’s Independence. This paper through descriptive – analytical approach shall review boththe supporting and the opposing views on the court’s AO.

【 授权许可】

Unknown