Accordance with international law of the unilateral declaration of independence in respect of Kosovo PDF Download
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Author: United Nations
Publisher: DigiCat
ISBN:
Category : Fiction
Languages : en
Pages : 64
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Book Description
In 2008 Kosovo declared independence from Serbia. This was accepted by some countries and rejected by others. This document examines whether Kosovo's declaration was in line with International Law, or not.
Author: United Nations
Publisher: DigiCat
ISBN:
Category : Fiction
Languages : en
Pages : 64
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Book Description
In 2008 Kosovo declared independence from Serbia. This was accepted by some countries and rejected by others. This document examines whether Kosovo's declaration was in line with International Law, or not.
Author: Peter Hilpold
Publisher: Martinus Nijhoff Publishers
ISBN: 9004221271
Category : Law
Languages : en
Pages : 342
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Book Description
The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries.
Author: Marko Milanovic
Publisher: Oxford University Press, USA
ISBN: 0198717512
Category : Law
Languages : en
Pages : 385
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Book Description
The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.
Author: James Summers
Publisher: BRILL
ISBN: 9047429435
Category : Law
Languages : en
Pages : 471
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Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author: United Nations
Publisher: UN
ISBN: 9789210710510
Category : Law
Languages : en
Pages : 8
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Book Description
Opposite pages bear duplicate numbering
Author: Monika Stachonova
Publisher:
ISBN: 9789058871855
Category : Kosovo (Republic)
Languages : en
Pages : 0
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Book Description
Throughout history, States never suggested the act of promulgating the declaration of independence was contrary to international law. Would Kosovo be the first one? Its independence was declared unilaterally by the Parliament on February 17, 2008. Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? This crucial question was laid down by Serbia before the International Court of Justice (ICJ). The ICJ focused on the conformity of Kosovo's independence with international law, and, after taking all the facts into consideration, it issued an advisory opinion. By nine votes to five, the ICJ concluded that the adoption of the declaration did not violate any applicable rule of international law. This book presents the full text of the ICJ's advisory opinion on Kosovo.
Author: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006912
Category : Law
Languages : en
Pages : 340
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Book Description
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Author: Duncan French
Publisher: Cambridge University Press
ISBN: 1107029333
Category : Law
Languages : en
Pages : 585
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Book Description
This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
ISBN: 1108662307
Category : Law
Languages : en
Pages : 1047
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Book Description
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 200
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Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
