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 Law School Research Paper No. 2014-28

Amsterdam Center for International Law No. 2014-18

29 Pages Posted: 22 Mar 2014 Last revised: 4 Dec 2015

See all articles by Andre Nollkaemper

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Date Written: March 21, 2014

Abstract

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

Nollkaemper, Andre, The Court and Its Multiple Constituencies: Three Perspectives on the Kosovo Advisory Opinion (March 21, 2014). The Law and Politics of the Kosovo Advisory Opinion (M Milanovic and M Wood, eds), OUP 2014 (Forthcoming); Amsterdam Law School Research Paper No. 2014-28; Amsterdam Center for International Law No. 2014-18. Available at SSRN: https://ssrn.com/abstract=2412477

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

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