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‘Nothing But a Road Towards Secession’? – The International Court of Justice’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo


Mindia Vashakmadze


Georgian National Academy of Sciences (GNAS)

Matthias Lippold


affiliation not provided to SSRN

August 25, 2010

Goettingen Journal of International Law, Vol. 2, No. 2, pp. 619-647, 2010

Abstract:     
On 22 July the International Court of Justice (ICJ) delivered its Advisory Opinion on Accordance with international law of the unilateral declaration of independence (UDI) in respect of Kosovo. There is a wide range of legal questions related to Kosovo’s UDI. However, the ICJ decided by way of a narrow interpretation of the General Assembly’s request to focus only on prohibitive rules. The Court came to the conclusion that the UDI did not violate international law. While this result is defendable, the way the Court got there is problematic. The Court missed its opportunity to provide legal guidance in fields of secession and self-determination. This article shall give a first overview of the Court’s reasoning.

Number of Pages in PDF File: 29

Keywords: Kosovo, Advisory Opinion, Accordance with international law of the unilateral declaration of independence in respect of Kosovo

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Date posted: September 1, 2010  

Suggested Citation

Vashakmadze, Mindia and Lippold, Matthias, ‘Nothing But a Road Towards Secession’? – The International Court of Justice’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (August 25, 2010). Goettingen Journal of International Law, Vol. 2, No. 2, pp. 619-647, 2010. Available at SSRN: http://ssrn.com/abstract=1669591

Contact Information

Mindia Vashakmadze
Georgian National Academy of Sciences (GNAS) ( email )
Georgia
Matthias Lippold (Contact Author)
affiliation not provided to SSRN ( email )
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