The Case of Kosovo and International Law
The Case of Kosovo and International Law

Summary/Abstract: The author focuses on the question of the independence of Kosovo. The matter of the Kosovo’s independence has been and remains very controversial. International law is the only universally acceptable language for discussing such a controversial issue, one where the international community of states at large, as well as the smaller and closer communities of the EU and NATO member states, seem to be deeply divided. It is important to admit the failure of the UN Security Council, its subsidiary bodies, and in particular some permanent members of the SC, as well as other States which encouraged or at least made possible the legal morass by recognizing the unilateral declaration of independence by Kosovo. We can hope that the International Court of Justice, as the principle judicial organ of the United Nations, will remedy the failure of other UN bodies and bring international law back on the scene. The Court is not able to change the factual situation in Kosovo, but it can provide legal guidance for a sustainable solution.

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