SEVERAL REFLECTIONS ON THE SIGNIFICANCE OF THE ICJ ADVISORY OPINION ON ACCORDANCE WITH INTERNATIONAL LAW OF THE UNILATERAL DECLARATION OF INDEPENDENCE
SEVERAL REFLECTIONS ON THE SIGNIFICANCE OF THE ICJ ADVISORY OPINION ON ACCORDANCE WITH INTERNATIONAL LAW OF THE UNILATERAL DECLARATION OF INDEPENDENCE

Summary/Abstract: The paper shall focus on the presentation of the reasoning stated in the ICJ Advisory Opinion on the accordance with international law of the unilateral declaration of independence in respect of Kosovo and the significance of the said reasoning in the actual context of international law in respect of new statehood. The paper shall try to point out the existence of an intent of the ICJ by its Advisory Opinion to state a new understanding of the statehood considering that the context of the unilateral independence statement and the capacity in which its authors acted is of sufficient importance to rule on the legality of such statement. By avoiding to rule on the coexistence of the right to territorial integrity and the right of self determination as rights connected with the unilateral statement of independence, the Court lost the opportunity to settle the relation between the two rights in the context of the remedial secession solution in favor of a multiethnic group which was subject to gross human rights violation in the past. Assuming the jurisdiction on the Advisory Opinion, the Court proved itself willing to show that issues which were till now considered purely political and subject to decision of the political organs of the UN may become, even in a narrow approach, points of law.

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