Download or read book Accordance with international law of the unilateral declaration of independence in respect of Kosovo written by United Nations and published by DigiCat. This book was released on 2022-07-20 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo Advisory Opinion written by Tribunal Internacional de Justicia (La Haya) and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Advisory Opinion of the International Court of Justice on the Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo written by and published by . This book was released on 2011 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Nothing But a Road Towards Secession The International Court of Justice s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo written by Mindia Vashakmadze and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 July the International Court of Justice (ICJ) delivered its Advisory Opinion on Accordance with international law of the unilateral declaration of independence (UDI) in respect of Kosovo. There is a wide range of legal questions related to Kosovo's UDI. However, the ICJ decided by way of a narrow interpretation of the General Assembly's request to focus only on prohibitive rules. The Court came to the conclusion that the UDI did not violate international law. While this result is defendable, the way the Court got there is problematic. The Court missed its opportunity to provide legal guidance in fields of secession and self-determination. This article shall give a first overview of the Court's reasoning.

Download or read book The Law and Politics of the Kosovo Advisory Opinion written by Marko Milanovic and published by OUP Oxford. This book was released on 2015-03-19 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.

Download or read book Kosovo s Declaration of Independence and the Creation of a New Legal Order written by Michael Ioannidis and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses the recent Advisory Opinion of the ICJ regarding the accordance with international law of the Unilateral Declaration of Independence in respect of Kosovo. Addressing the Declaration as an attempt to introduce in Kosovo a legal order different from the one that was established for this territory by the UNSCR 1244, this paper argues that the Declaration infringes UNSCR 1244 and thus international law. This argument is based on an understanding of UNSCR 1244, and the legal acts adopted by the Special Representative of the Secretary-General on its basis, as having a dual legal nature. On the one hand, they are international law, because they derive their validity directly from the UN Charter, and on the other hand they function as the foundations of Kosovo's interim constitutional order. Against this background, the Declaration is here addressed as an attempt to overturn this international lawbased legal order and to establish a new one in its place. Such an attempt cannot be, however, normatively indifferent to the old constitutional regime, as the Advisory Opinion seems to imply. The ICJ, being an organ of the international law-based order, should rather regard as illegal any effort to overturn it. In short, the ICJ has here a role comparable to that of a constitutional court (here acting on behalf of Kosovo's international administration) being under the legal duty to uphold the validity of the legal order of which it is an organ against an attempt to overturn it (revolution in the legal, Kelsenian sense).

Download or read book Kosovo s Declaration of Independence and the Creation of a New Legal Order written by Michael Ioannidis and published by . This book was released on 2011 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses the recent Advisory Opinion of the ICJ regarding the accordance with international law of the Unilateral Declaration of Independence in respect of Kosovo. Addressing the Declaration as an attempt to introduce in Kosovo a legal order different from the one that was established for this territory by the UNSCR 1244, this paper argues that the Declaration infringes UNSCR 1244 and thus international law. This argument is based on an understanding of UNSCR 1244, and the legal acts adopted by the Special Representative of the Secretary-General on its basis, as having a dual legal nature. On the one hand, they are international law, because they derive their validity directly from the UN Charter, and on the other hand they function as the foundations of Kosovo's interim constitutional order. Against this background, the Declaration is here addressed as an attempt to overturn this international lawbased legal order and to establish a new one in its place. Such an attempt cannot be, however, normatively indifferent to the old constitutional regime, as the Advisory Opinion seems to imply. The ICJ, being an organ of the international law-based order, should rather regard as illegal any effort to overturn it. In short, the ICJ has here a role comparable to that of a constitutional court (here acting on behalf of Kosovo's international administration) being under the legal duty to uphold the validity of the legal order of which it is an organ against an attempt to overturn it (revolution in the legal, Kelsenian sense).

Download or read book Accordance with International Law of the Unilateral Declaration of Indepence in Respect to Kosovo written by International Court of Justice and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Kosovo and International Law written by Peter Hilpold and published by Martinus Nijhoff Publishers. This book was released on 2012-06-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Kosovo A Precedent written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Summaries of Judgments Advisory Opinions and Orders of the Permanent Court of International Justice written by Permanent Court of International Justice and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains summaries of the judgments, advisory opinions and orders of the Permanent Court of International Justice (PCIJ), from 1922 to 1946, in all the official languages of the United Nations. This publication is prepared by the Codification Division of the Office of Legal Affairs, in the framework of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. This website will contain electronic versions of published summaries of judgments, advisory opinions and orders, prepared by the PCIJ, and summaries of all separate or dissenting opinions by the Judges, prepared by the Codification Division of the Office of Legal Affairs. While the reports of the Court appear exclusively in its two official languages (English and French), the present publication is made available in all the official languages of the United Nations, thus aiming at increasing public awareness of the work of the Court and facilitating access to its jurisprudence. The summaries are made available for information purposes and should not be quoted as the actual texts they refer to.

Download or read book The International Element Statehood and Democratic Nation building written by Dren Doli and published by Springer. This book was released on 2019-02-19 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

Download or read book written by and published by Oxford University Press. This book was released on with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

Download or read book The Law and Politics of the Kosovo Advisory Opinion written by Marko Milanovic and published by OUP Oxford. This book was released on 2015-03-19 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.

Download or read book State Legitimacy and Failure in International Law written by Mario Silva and published by Martinus Nijhoff Publishers. This book was released on 2014-02-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Download or read book The Standard of Review before the International Court of Justice written by Felix Fouchard and published by Bloomsbury Publishing. This book was released on 2024-05-02 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.