Political Aftermath of the ICJ AO on Kosovo

M. Milanović, M. Wood (eds.), The Law and Politics of Kosovo Advisory Opinion, Oxford University Press (2015), pp. 240-267

38 Pages Posted: 26 Oct 2020

See all articles by Tatjana Papic

Tatjana Papic

Union University Belgrade Faculty of Law; University of Michigan Law School

Date Written: October 31, 2013

Abstract

This article will discuss political responses to the Advisory Opinion of the International Court of Justice (ICJ) on the declaration of independence of Kosovo. Firstly, it analyses how the opinion fitted into competing narratives on the independence of Kosovo. Secondly, it sheds light on the attempt of Serbia – pursued a week after the AO – to insist on the re-opening of the status negotiations with Kosovo through the United Nations General Assembly (UNGA). It will show how Serbia made a shift at the last moment to compromise with the EU states for the sake of its EU integrations ambitions. This resulted in the adoption of the UNGA Resolution welcoming the EU-led dialogue between Belgrade and Pristina. Thirdly, the article explores the current state of affairs between Serbia and Kosovo, attempting to understand what were the challenges and incentives that lead process forward. One of the agreements reached by the parties during these negotiations – on regional representation and cooperation – will be discussed in more detail. This is not only due to the fact that it explicitly refers to the ICJ’s AO on Kosovo, but also because its adoption and implementation are indicative of the process of the EU-leg dialogue. It also shows how the position of the parties can solidify or evolve and how potential EU membership dangling in front of the parties influenced the dynamics of their relations.

Keywords: Serbia, Kosovo, ICJ, Advisory Opinion, EU, Brussels Agreement

Suggested Citation

Papic, Tatjana, Political Aftermath of the ICJ AO on Kosovo (October 31, 2013). M. Milanović, M. Wood (eds.), The Law and Politics of Kosovo Advisory Opinion, Oxford University Press (2015), pp. 240-267 , Available at SSRN: https://ssrn.com/abstract=3687652 or http://dx.doi.org/10.2139/ssrn.3687652

Tatjana Papic (Contact Author)

Union University Belgrade Faculty of Law ( email )

Bulevar Marsala Tolbuhina 36
Belgrade, 11070
Serbia

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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