Download or read book The Law and Politics of the Kosovo Advisory Opinion written by Marko Milanovic and published by Oxford University Press, USA. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Kosovo in the International Court of Justice written by Ministria e Punëve të Jashtme Kosovo and published by . This book was released on 2010 with total page 708 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 The ICJ Advisory Opinion on Kosovo written by Monika Stachonova and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International law issues arising from the International Court of Justice advisory opinion on Kosovo written by Maurizio Arcari and published by . This book was released on 2011 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Kosovo A Precedent written by James Summers and published by BRILL. This book was released on 2011-08-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kosovo’s declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world’s countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo and, in particular, the International Court of Justice’s Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.

Download or read book Europe and the Recognition of New States in Yugoslavia written by Richard Caplan and published by Cambridge University Press. This book was released on 2005-09-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.

Download or read book Uncharted Transition the integration of the Justice System in Kosovo written by International Commission of Jurists (1952- ) and published by . This book was released on 2016 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ICJ published today a briefing paper providing a first assessment of the process of transition of the judicial system in Northern Kosovo from the Serbian to the Kosovo legal system. The briefing paper, which follows a visit of a delegation of the ICJ in Kosovo from 1 to 4 November 2015, preliminarily identifies key issues for access to justice and the protection of human rights through the justice system, which need to be addressed and monitored during the transition process. The paper documents an ongoing process of transition of the judicial system in Kosovo. It concludes that a key determinant of the success of this transition must be the effective protection of access to justice for all in Kosovo that must be provided by an independent, impartial and effective judicial system, assisted by independent, impartial and effective legal profession and prosecution service. In its conclusion, the ICJ found that the Kosovo legal system does not yet meet the requirements of the Kosovo Constitution to respect international human rights law and standards and, in particular, the right of minorities, including under the Council of Europe's Framework Convention. Its shortcomings include: the reported lack of security for Kosovo Serb and Kosovo Albanians to access courts in areas dominated by the other ethnicity, with a clear obstructive effect on access to justice; the dramatic incapacity of the Kosovo legal and education system to ensure generational continuity for the Serb community in the legal profession with future stark consequences for the ethnic composition and competence of the judiciary, prosecution service and legal profession; the lack of equality in practice between Albanian and Serbian languages in judicial proceedings and unreliable quality of the drafting and translation of its legislation; and the existence of a deep divide between the laws as written, which often recall or refer to international standards, and the implementation of the laws on the ground. Finally, the ICJ stressed that the respect, protection and fulfillment of all conditions of access to justice of the non-Albanian minorities is therefore a key benchmark against which the success of this transition or "integration" must be assessed. The ICJ mission team was composed of Ketil Lund (ICJ Commissioner and former Supreme Court Justice of Norway), Róisín Pillay (Director of the ICJ Europe Programme), and Massimo Frigo (Legal Adviser of the ICJ Europe Programme)."--

Download or read book New Approaches in International Criminal Justice written by Kai Ambos (jurist) and published by . This book was released on 2003 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on four post-conflict situations in Kosovo, East Timor, Sierra Leone and Cambodia. Recognized scholars and practitioners analyse if and how accountability for serious human rights violations is being enforced. Thus, the book is an interdisciplinary inquiry examining the nature of each of these conflicts and the legal framework established for addressing individual criminal responsibility. This methodology provides a combined reading of events, a deeper insight into the reasons for the urge for accountability for individual criminal responsibility. In addition, the book serves as a sourcebook containing an indexed compendium of relevant instruments relating to the new approaches of international criminal justice applied in the countries mentioned.

Download or read book Kosovo and Transitional Justice written by Aidan Hehir and published by Routledge. This book was released on 2021-07-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice. The war in Kosovo has come under the jurisdiction of a number of mechanisms which fit within the broader framework of transitional justice. These include international tribunals (the ICTY), international organisations with judicial mandates within Kosovo (UNMIK and EULEX), ad-hoc hybrid tribunals (the Kosovo Specialist Chambers) and truth-seeking mechanisms (RECOM and the Truth and Reconciliation Commission). Collectively, these developments make Kosovo a profoundly important case study on the contemporary efficacy of transitional justice. This volume analyses the nature and impact of the various mechanisms employed to date in Kosovo to determine their effects within the country, and their broader international significance. Various critical issues are examined through an exploration of the institutional mechanisms employed in each case, their coherence with existing theories on "best practice" principles, and the broader implications of their efficacy in Kosovo. This book will be of much interest to students of transitional justice, statebuilding, Balkan politics, and International Relations in general.

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

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 Good Press. This book was released on 2020-12-08 with total page 62 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 No 66 International Court of Justice Delivers Advisory Opinion on Kosovo Independence written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book NATO s Balancing Act written by David Scott Yost and published by United States Institute of Peace Press. This book was released on 2014 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATO's Balancing Act evaluates the alliance's performance of its three core tasks--collective defense, crisis management, and cooperative security--and reviews its members' efforts to achieve the right balance among them. Yost considers NATO's role in the evolving global security environment and its implications for collective defense and crisis management in the Balkans, Afghanistan, Africa, Libya, and elsewhere.

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 An Analysis of the ICJ Advisory Opinion on Kosovo s Unilateral Declaration of Independence written by Elena Cirkovic and published by . This book was released on 2015 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice (ICJ) ruled in an advisory opinion on 22 July 2010 that Kosovo's 17 February 2008 unilateral declaration of independence from Serbia did not violate international law. The Kosovo Parliament's declaration of independence stated that Kosovo would continue to be bound by the United Nations Security Council Resolution 1244 (1999) (hereinafter “SC Resolution 1244 (1999)”), as well as the Ahtisaari plan. UN Special Envoy for Kosovo Martti Ahtisaari's proposal, produced in February 2007, defined Kosovo's internal settlement, minority-protection mechanisms, and allowed for independence under international supervision. The proposal increased the powers devolved to Kosovar institutions but without providing for the complete removal of international oversight and authority.SC Resolution 1244 (1999) authorized the creation of an international military presence (KFOR) led by the North Atlantic Treaty Organisation (NATO), an international civil presence (the United Nations Interim Administration Mission in Kosovo (UNMIK), and laid down a framework for the administration of Kosovo. The powers and responsibilities laid out in SC resolution 1244 (1999) were set out in more detail in UNMIK regulation 2001/9 of 15 May 2001 on a Constitutional Framework for Provisional Self-Government (hereinafter “Constitutional Framework”), which defined the responsibilities relating to the administration of Kosovo between the Special Representative of the Secretary-General and the Provisional Institutions of Self Government of Kosovo.

Download or read book Kosovo written by Julie Mertus and published by Univ of California Press. This book was released on 1999-08-09 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the foundations of conflict in Kosovo, charging that the international community's failure to support the Albanians in their initial passive resistance to Serbian repression led to violence.