And Nothing Else Matters – The ICJ’s Judicial Restraint in its Opinion on Kosovo’s Independence

Abstract:     
The International Court of Justice gave its Advisory Opinion on the “Accordance with international law of the unilateral declaration of independence in respect of Kosovo” few months ago. It found no prohibition in general international law, including state practice, the principle of territorial integrity, Security Council resolutions, the principle of self-determination and the right to remedial secession. Neither Resolution 1244 (1999) nor the Constitutional Framework prevented the authors from declaring independence. The author analyses the Court’s approach, its conclusions and the issues which remain open.

Number of Pages in PDF File: 11

Keywords: Declaration of Independence, Kosovo, International Court of Justice, Advisory Opinion, Security Council, General Assembly, Legal Orders, Territorial Integrity, Self Determination, Remedial Secession, Recognition, Lotus principle

Accepted Paper Series