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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

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

29 Pages Posted: 1 Sep 2010  

Mindia Vashakmadze

Georgian National Academy of Sciences (GNAS)

Matthias Lippold

University of Goettingen (Gottingen)

Date Written: August 25, 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.

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

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: https://ssrn.com/abstract=1669591

Mindia Vashakmadze

Georgian National Academy of Sciences (GNAS) ( email )

Georgia

Matthias Lippold (Contact Author)

University of Goettingen (Gottingen) ( email )

Platz der Gottinger Sieben 3
Gottingen, D-37073
Germany

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