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

International Law Student Association (ILSA) Quarterly, Vol. 19, No. 1, p. 26, 2010

Suffolk University Law School Research Paper No. 10-60

12 Pages Posted: 2 Nov 2010  

Valerie Epps

Suffolk University Law School

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.

Suggested Citation

Epps, Valerie, The Paucity of Law in the ICJ’s 2010 Advisory Opinion on Kosovo’s Declaration of Independence. International Law Student Association (ILSA) Quarterly, Vol. 19, No. 1, p. 26, 2010; Suffolk University Law School Research Paper No. 10-60. Available at SSRN: https://ssrn.com/abstract=1701284

Valerie Epps (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States

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