The Paucity of Law in the ICJ’s 2010 Advisory Opinion on Kosovo’s Declaration of Independence

Abstract:     
This article analyses the International Court of Justice’s recent advisory opinion on Kosovo’s declaration of independence. It finds the opinion a considerable disappointment as it fails to address the central issue presented on the possibility of the right to remedial secession by part of a state in the face of widespread abuses by a central government. The article documents the deep disagreement among members of the Court and concludes that by drawing dubious "factual" conclusions the opinion is ultimately one of extreme narrowness, representing a missed opportunity to give substantive guidance on the law of self-determination and secession.

Number of Pages in PDF File: 12

Accepted Paper Series