The Court and its multiple constituencies: three perspectives on the Kosovo Advisory Opinion
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| 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 |
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| 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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The Court and its Multiple Constituencies
(Submitted manuscript)
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