The ICJ opinion on kosovo: Symphony or cacophony?

On July 22, the ICJ delivered it s Opinion on the Kosovo unilateral declaration of independence in response to the request by the General Assembly to do so in GA Resolution 63/3 of October 8, 2008. This paper reviews the Opinion, highlighting the major aspects on self-determination and secession.It...

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Bibliographic Details
Main Authors: Ahmad, Rusniah, Efevwerhan, David I.
Format: Article
Language:English
Published: The Indian Society of International Law 2010
Subjects:
Online Access:http://repo.uum.edu.my/9622/1/R2.pdf
http://repo.uum.edu.my/9622/
http://www.isil-aca.org/publication.htm
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Summary:On July 22, the ICJ delivered it s Opinion on the Kosovo unilateral declaration of independence in response to the request by the General Assembly to do so in GA Resolution 63/3 of October 8, 2008. This paper reviews the Opinion, highlighting the major aspects on self-determination and secession.It concludes that while the Court's pronouncements on territorial integrity and the non-prohibition of secession in international law are symphonic and welcome, its failure to examine and pronounce on the availability or not of the right to remedial secession, leaves a cacophony of questions to be answered in that aspect of international law.