The Law and Politics of the Kosovo Advisory Opinion

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Release : 2015
Genre : Law
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Book Rating : 512/5 ( reviews)

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.

Kosovo and International Law

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

Kosovo and International Law - 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 and International Law write by Peter Hilpold. This book was released on 2012-06-08. Kosovo and International Law available in PDF, EPUB and Kindle. 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.

Kosovo: A Precedent?

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Release : 2011-08-25
Genre : Law
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Book Rating : 435/5 ( reviews)

Kosovo: A Precedent? - 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: A Precedent? write by James Summers. This book was released on 2011-08-25. Kosovo: A Precedent? available in PDF, EPUB and Kindle. Kosovo’s declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world’s countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo and, in particular, the International Court of Justice’s Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.

The Law and Politics of the Kosovo Advisory Opinion

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

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 2015-03-19. The Law and Politics of the Kosovo Advisory Opinion available in PDF, EPUB and Kindle. 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.

The ICJ Advisory Opinion on Kosovo

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Release : 2014
Genre : Kosovo (Republic)
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Book Rating : 855/5 ( reviews)

The ICJ Advisory Opinion on 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 The ICJ Advisory Opinion on Kosovo write by Monika Stachonova. This book was released on 2014. The ICJ Advisory Opinion on Kosovo available in PDF, EPUB and Kindle. Throughout history, States never suggested the act of promulgating the declaration of independence was contrary to international law. Would Kosovo be the first one? Its independence was declared unilaterally by the Parliament on February 17, 2008. Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? This crucial question was laid down by Serbia before the International Court of Justice (ICJ). The ICJ focused on the conformity of Kosovo's independence with international law, and, after taking all the facts into consideration, it issued an advisory opinion. By nine votes to five, the ICJ concluded that the adoption of the declaration did not violate any applicable rule of international law. This book presents the full text of the ICJ's advisory opinion on Kosovo.