The Legal Effects of United Nations Resolutions in the Kosovo Advisory Opinion

Abstract

In its advisory opinion on Kosovo’s declaration of independence the International Court of Justice significantly developed its jurisprudence on the legal effects of United Nations resolutions. The Court excluded itself from the binding effect of factual determinations made in a General Assembly resolution, dealt with non-state addressees of obligations contained in Security Council resolutions and the modalities of terminating their effects, and validated the delegation of the Security Council’s tremendous powers through its resolutions.

Keywords: International Court of Justice, Kosovo, declaration of independence, United Nations, General Assembly, Security Council, resolutions, legal effects, non-state actors, binding effect, termination, delegation