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
12 Pages Posted: 2 Nov 2010
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.
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