Kosovo | What the International Court of Justice Really Said

In February 2008, Kosovo declared independence from Serbia. But was it legal? And is Kosovo a state? In 2010, the International Court of Justice (ICJ) presented its Advisory Opinion on Kosovo's unilateral declaration of independence (UDI) from Serbia. Although it is the most important ruling the Court has ever made on secession, there is considerable confusion about what the Court really said. For example, did it say that Kosovo is a state - as many now claim?

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Kosovo's declaration of independence from Serbia in February 2008 bitterly divided the international community. While it was supported by the United States and most of the European Union, it was opposed by Russia, China and a number of other countries around the world. In the months that followed, Serbia took the issue of Kosovo's UDI before the United Nations General Assembly and asked for an advisory opinion from the International Court of Justice on the legality of the declaration of independence. This was delivered on 22 July 2010. In its Opinion, the Court was clear that the declaration did not in fact violate general international law. However, it was also explicit that it took no position on whether Kosovo was an independent state. Nor did the Court question the legality of the decision of countries to recognise Kosovo as a country. This in turn raises an important issue. Did Serbia in fact ask the ICJ the wrong question?

CHAPTERS
0:00 Introduction and Titles
0:51 The Significance of Kosovo's Secession from Serbia
2:30 The Path to Kosovo's Unilateral Declaration of Independence
5:48 The International Court of Justice Advisory Opinion
10:56 Did Serbia ask the ICJ the Wrong Question?
12:54 The Significance of the ICJ Advisory Opinion on Kosovo

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FURTHER READING & USEFUL SOURCES

ICJ Advisory Opinion on Kosovo https://www.icj-cij.org/files/case-related/141/141-20100722-ADV-01-00-EN.pdf
Kosovo: The Path to Contested Statehood in the Balkans http://amzn.to/35jiBN2
Secession and State Creation: What Everyone Needs to Know https://amzn.to/2MPY3W2 [PRE-ORDER]
Ashgate Research Companion to Secession https://amzn.to/2FabXyh
The Creation of States in International Law https://amzn.to/2Fc5ouO
Satow's Diplomatic Practice https://amzn.to/2sF1Kak
Recognition in International Relations https://amzn.to/2SJJmaY

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MY BOOKS

Secession and State Creation: What Everyone Needs to Know https://amzn.to/2MPY3W2 [PRE-ORDER]
Kosovo: The Path to Contested Statehood in the Balkans https://amzn.to/35jiBN2
The Foreign Policy of Counter-Secession https://amzn.to/2Qinm5t
My other books https://amzn.to/2MlP13u

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KEYWORDS

#Kosovo #Serbia #ICJ
#InternationalPolitics #InternationalRelations
#Secession #Statehood #Independence
#InternationalLaw #InternationalHistory
#InternationalCourtofJustice #Balkans

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Видео Kosovo | What the International Court of Justice Really Said канала Prof James Ker-Lindsay