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Information Journal Paper

Title

ICJ'S ADVISORY OPINION CONSIDERATION UNILATAERAL DECLARATION OF INDEPENDENCE BY KOSOVO

Pages

  157-171

Abstract

 After the UNILATERAL DECLARATION OF INDEPENDENCE by KOSOVO Assembly, United Nations GENERAL ASSEMBLY Resolution calling for an ADVISORY OPINION from the INTERNATIONAL COURT OF JUSTICE, the Court, according to the Competence Competence Rule and as per its usual practice , first ruled on its own jurisdiction and then proceeded to issue its ADVISORY OPINION. The Court ruled unanimously that it had competence to deliver the opinion requested by the GENERAL ASSEMBLY and then with a majority of  ten votes held that the UNILATERAL DECLARATION OF INDEPENDENCE of  February 17th, 2008 was not contrary to international law or Security Council Resolution 1244 (1999). The ICJ's ADVISORY OPINION was welcomed by a number of States including the United States of America, while other States including SERBIA and Russia were truly critical of it. This Opinion can pave the way for independent statehood and then membership of the United Nations as a sovereign State for KOSOVO.But the Court's Opinion on KOSOVO can definitely create grounds for new upheavals in a number of countries that have significant ethnic minorities or separatist movements. It has also been said that the ADVISORY OPINION can potentially create grounds for problems in the international community of States including threats to international peace and security.

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  • Cite

    APA: Copy

    FAZEL, REZA. (2011). ICJ'S ADVISORY OPINION CONSIDERATION UNILATAERAL DECLARATION OF INDEPENDENCE BY KOSOVO. AZAD LEGAL RESEARCHES, -(11), 157-171. SID. https://sid.ir/paper/219677/en

    Vancouver: Copy

    FAZEL REZA. ICJ'S ADVISORY OPINION CONSIDERATION UNILATAERAL DECLARATION OF INDEPENDENCE BY KOSOVO. AZAD LEGAL RESEARCHES[Internet]. 2011;-(11):157-171. Available from: https://sid.ir/paper/219677/en

    IEEE: Copy

    REZA FAZEL, “ICJ'S ADVISORY OPINION CONSIDERATION UNILATAERAL DECLARATION OF INDEPENDENCE BY KOSOVO,” AZAD LEGAL RESEARCHES, vol. -, no. 11, pp. 157–171, 2011, [Online]. Available: https://sid.ir/paper/219677/en

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