The Court and Its Multiple Constituencies: Three Perspectives on the Kosovo Advisory Opinion
The Law and Politics of the Kosovo Advisory Opinion (M Milanovic and M Wood, eds), OUP 2014 (Forthcoming)
Amsterdam Center for International Law No. 2014-18
29 Pages Posted: 22 Mar 2014 Last revised: 4 Dec 2015
Date Written: March 21, 2014
This paper assesses the Kosovo Advisory Opinion as an attempt by the ICJ to maintain its authority vis-à-vis multiple constituencies on which the Court to some extent is dependent.
The Court controversial interpretation of SC Resolution 1244 and its neglect of questions of secession and self-determination allowed it to protect the interests of key constituencies. The fact that Kosovo appeared to benefit most is best understood as a side-effect of the Court's decision to serve its longer-term interests. However, this strategy came with a price. The Opinion may fuel secessionist attempts, and moreover could jeopardize future international arrangements to stabilize war-torn societies if the relevant actors were to realize that they can always unilaterally pull out of such arrangements, even if they have been blessed by the Security Council.
Keywords: International law, International court of justice, Statehood, Self-determination, Security council, Advisory opinions
JEL Classification: K33
Suggested Citation: Suggested Citation