The Kosovo Advisory Opinion, Self Determination, and Secession. International Court of Justice 2017-2020 â All rights reserved. 96). ¶¶ 18–28 (citing U.N. Charter art. 23.07.10 | 5 Comments. In the next paragraph, the Court clarifies that the principle of territorial integrity is not implicated in cases of declarations of independence, it “is confined to the sphere of relations between states.” (Opinion, para. The ICJ wrote (my emphasis added): 56. Thus, according to this Opinion, this principle doesn’t apply between the relevant people and the state. What It Says and What It Does Not Say. The answer to that question turns on whether or not the applicable international law prohibited the declaration of independence. The Declaration of Independence and Resolution 1244, I have discussed the interpretation of Resolution 1244 in a previous post. 1. So there you have it. (and effectivelys enhance the right to establish a new state). By contrast, the General Assembly has asked whether the declaration of independence was “in accordance with” international law. If anything, the Court seemed set on reading the question as narrowly as possible. Just the fact that it took time to contrast this case to the Canadian Supreme Court’s task in the Reference relating to the Secession of Quebec from Canada is quite telling. The Court considers that it is not necessary to resolve these questions in the present case. It has chosen restraint and narrow readings. Sorry, your blog cannot share posts by email. I will not go into it at length here, except to note that the ICJ seems to have given the resolution a similar reading to that which I outlined in my earlier post. 124:1098 court, President Owada of Japan stated that the … I have heard many lawyers who were befuddled by the wording of the question. Marko Milanovic has done a great job parsing the main issues that were at bar, namely. The Security Council did not reserve for itself the final determination of the situation in Kosovo and remained silent on the conditions for the final status of Kosovo. The ICJ had jurisdiction to issue an advisory opinion because the U.N. Charter allows the General Assembly to request an advisory opinion on “any legal question.” Id. I do note the one small point that rather than dismissing the idea of remedial secession outright, the Court merely said it was highly contentious and there was no need to decide the issue. Open PDF in Browser. I don’t find it that shocking, but I’m reading commentaries to the contrary…. 1100 HARVARD LAW REVIEW [Vol. As you’re discussing the applicable law and its interpretation, I’m wondering what you think of the Constitutional Framework being part of the relevant applicable International Law. Perhaps, as well, Serbia was hoping that the ICJ would interpret the question more broadly and opine on the issue of recognition as well as.
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