The Court and its multiple constituencies: three perspectives on the Kosovo Advisory Opinion

Open Access
Authors
Publication date 2014
Series Amsterdam Law School Legal Studies Research Paper, 2014-28
Number of pages 27
Publisher Amsterdam: Amsterdam Center for International Law, University of Amsterdam
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
This paper assesses the Kosovo Advisory Opinion as an attempt by the ICJ to maintain its authority vis-à-vis multiple constituencies on which the Court to some extent is dependent.
The Court controversial interpretation of SC Resolution 1244 and its neglect of questions of secession and self-determination allowed it to protect the interests of key constituencies. The fact that Kosovo appeared to benefit most is best understood as a side-effect of the Court's decision to serve its longer-term interests. However, this strategy came with a price. The Opinion may fuel secessionist attempts, and moreover could jeopardize future international arrangements to stabilize war-torn societies if the relevant actors were to realize that they can always unilaterally pull out of such arrangements, even if they have been blessed by the Security Council.
Document type Working paper
Language English
Published at http://ssrn.com/abstract=2412477
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