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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 34 No. 2, 2013.

Review article

THE RIGHT TO SELF–DETERMINATION – THE KOSOVO CASE BEFORE THE INTERNATIONAL COURT OF JUSTICE

Vesna Crnić-Grotić ; Pravni fakultet Sveučilišta u Rijeci
Dunja Kasipović

Full text: english pdf 358 Kb

page 895-910

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Abstract

In 2010 the International Court of Justice (hereafter: ICJ) issued its Advisory Opinion in response to the General Assembly request on the legality of the Kosovo’s unilateral declaration of independence. However, the ICJ advisory opinion on Kosovo did nothing to clarify the situation – it solely concluded that the adoption of the declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework. Consequently, the adoption of that declaration did not violate any applicable rule of international law. It did not, however, decide about the legal consequences of the declaration or whether or not Kosovo has achieved statehood, or about the validity or legal effects of the recognition of Kosovo.

Keywords

Kosovo; International Court of Justice; Advisory Opinion; self-determination; unilateral declaration

Hrčak ID:

119395

URI

https://hrcak.srce.hr/119395

Publication date:

19.12.2013.

Article data in other languages: croatian

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