| Vorderseite | Case: The Kosovo Opinion |
|---|---|
| Rückseite | 1. The Request - 2008 “Assembly of Kosovo” declares Kosovos independence - states were split on whether to support or oppose this - GA requested an advisory opinion from the ICJ - this should clarify questions of - self determination - secession - territorial integrity - question focussed exclusively on the declaration of independence 2. The Court´s Advisory Jurisdiction - ICJ: question very narrow -> we only have to test whether it directly violates international law - two issues: principle of territorial integrity and SC 1244 + constitutional framework created under it - principle of territorial integrity: ICJ: there are no prohibitions on the declaration of independence, only states have to apply territorial integrity -> no violation - SC 1244 + constitutional framework created under it: ICJ: declaration of independence did not violate it - conclusion: declaration of independence was in accordance with international law 3. What is left open - ICJ only addresses Kosovo in an “inbetween” state: Kosovo is neither part of the state nor a state in its own right - therefore no violation because it was operating “outside the system” - return to the system with next steps: recognition and validity of Kosovos claims to statehood |
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