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

American Journal of International Law, Vol. 105, No. 1, 2011

11 Pages Posted: 23 Dec 2012

See all articles by Marko Divac Öberg

Marko Divac Öberg

United Nations - International Criminal Tribunal for the Former Yugoslavia (ICTY)

Date Written: 2011

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

Suggested Citation

Öberg, Marko Divac, The Legal Effects of United Nations Resolutions in the Kosovo Advisory Opinion (2011). American Journal of International Law, Vol. 105, No. 1, 2011, Available at SSRN: https://ssrn.com/abstract=2193361

Marko Divac Öberg (Contact Author)

United Nations - International Criminal Tribunal for the Former Yugoslavia (ICTY) ( email )

UN-ICTY
P.O. Box 13888
The Hague, Zuid-Holland 2501 EW
Netherlands

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