Kosovo's Declaration of Independence and the Creation of a New Legal Order - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Kosovo's Declaration of Independence and the Creation of a New Legal Order write by Michael Ioannidis. This book was released on 2011. Kosovo's Declaration of Independence and the Creation of a New Legal Order available in PDF, EPUB and Kindle. This paper discusses the recent Advisory Opinion of the ICJ regarding the accordance with international law of the Unilateral Declaration of Independence in respect of Kosovo. Addressing the Declaration as an attempt to introduce in Kosovo a legal order different from the one that was established for this territory by the UNSCR 1244, this paper argues that the Declaration infringes UNSCR 1244 and thus international law. This argument is based on an understanding of UNSCR 1244, and the legal acts adopted by the Special Representative of the Secretary-General on its basis, as having a dual legal nature. On the one hand, they are international law, because they derive their validity directly from the UN Charter, and on the other hand they function as the foundations of Kosovo's interim constitutional order. Against this background, the Declaration is here addressed as an attempt to overturn this international lawbased legal order and to establish a new one in its place. Such an attempt cannot be, however, normatively indifferent to the old constitutional regime, as the Advisory Opinion seems to imply. The ICJ, being an organ of the international law-based order, should rather regard as illegal any effort to overturn it. In short, the ICJ has here a role comparable to that of a constitutional court (here acting on behalf of Kosovo's international administration) being under the legal duty to uphold the validity of the legal order of which it is an organ against an attempt to overturn it (revolution in the legal, Kelsenian sense).
Kosovo's Declaration of Independence and the Creation of a New Legal Order
Kosovo's Declaration of Independence and the Creation of a New Legal Order - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Kosovo's Declaration of Independence and the Creation of a New Legal Order write by Michael Ioannidis. This book was released on 2011. Kosovo's Declaration of Independence and the Creation of a New Legal Order available in PDF, EPUB and Kindle. This paper discusses the recent Advisory Opinion of the ICJ regarding the accordance with international law of the Unilateral Declaration of Independence in respect of Kosovo. Addressing the Declaration as an attempt to introduce in Kosovo a legal order different from the one that was established for this territory by the UNSCR 1244, this paper argues that the Declaration infringes UNSCR 1244 and thus international law. This argument is based on an understanding of UNSCR 1244, and the legal acts adopted by the Special Representative of the Secretary-General on its basis, as having a dual legal nature. On the one hand, they are international law, because they derive their validity directly from the UN Charter, and on the other hand they function as the foundations of Kosovo's interim constitutional order. Against this background, the Declaration is here addressed as an attempt to overturn this international lawbased legal order and to establish a new one in its place. Such an attempt cannot be, however, normatively indifferent to the old constitutional regime, as the Advisory Opinion seems to imply. The ICJ, being an organ of the international law-based order, should rather regard as illegal any effort to overturn it. In short, the ICJ has here a role comparable to that of a constitutional court (here acting on behalf of Kosovo's international administration) being under the legal duty to uphold the validity of the legal order of which it is an organ against an attempt to overturn it (revolution in the legal, Kelsenian sense).
Accordance with international law of the unilateral declaration of independence in respect of Kosovo
Accordance with international law of the unilateral declaration of independence in respect of Kosovo - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Accordance with international law of the unilateral declaration of independence in respect of Kosovo write by United Nations. This book was released on 2022-07-20. Accordance with international law of the unilateral declaration of independence in respect of Kosovo available in PDF, EPUB and Kindle. In 2008 Kosovo declared independence from Serbia. This was accepted by some countries and rejected by others. This document examines whether Kosovo's declaration was in line with International Law, or not.
The International Element, Statehood and Democratic Nation-building
The International Element, Statehood and Democratic Nation-building - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Element, Statehood and Democratic Nation-building write by Dren Doli. This book was released on 2019-02-19. The International Element, Statehood and Democratic Nation-building available in PDF, EPUB and Kindle. This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
The Law and Politics of the Kosovo Advisory Opinion
The Law and Politics of the Kosovo Advisory Opinion - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law and Politics of the Kosovo Advisory Opinion write by Marko Milanovic. This book was released on 2015. The Law and Politics of the Kosovo Advisory Opinion available in PDF, EPUB and Kindle. The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.
