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'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

2010
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Release : 2010
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Book Synopsis '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 by : Mindia Vashakmadze

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. This book was released on 2010. 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.

The Law and Politics of the Kosovo Advisory Opinion

2015-03-19 Law
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Release : 2015-03-19
Genre : Law
Kind : eBook
Book Rating : 030/5 ( reviews)

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Book Synopsis The Law and Politics of the Kosovo Advisory Opinion by : Marko Milanovic

Download or read book The Law and Politics of the Kosovo Advisory Opinion written by Marko Milanovic. This book was released on 2015-03-19. 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.

Self-Determination and Humanitarian Secession in International Law of a Globalized World

2018-03-24 Law
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Release : 2018-03-24
Genre : Law
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Book Rating : 226/5 ( reviews)

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Book Synopsis Self-Determination and Humanitarian Secession in International Law of a Globalized World by : Juan Francisco Escudero Espinosa

Download or read book Self-Determination and Humanitarian Secession in International Law of a Globalized World written by Juan Francisco Escudero Espinosa. This book was released on 2018-03-24. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

Kosovo and International Law

2012-06-08 Law
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Release : 2012-06-08
Genre : Law
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Book Rating : 271/5 ( reviews)

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Book Synopsis Kosovo and International Law by : Peter Hilpold

Download or read book Kosovo and International Law written by Peter Hilpold. This book was released on 2012-06-08. 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.

Research Handbook on Secession

2022-12-13 Law
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Release : 2022-12-13
Genre : Law
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Book Rating : 752/5 ( reviews)

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Book Synopsis Research Handbook on Secession by : Jure Vidmar

Download or read book Research Handbook on Secession written by Jure Vidmar. This book was released on 2022-12-13. Available in PDF, EPUB and Kindle. Book excerpt: Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.

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