LLM International Law

LLM International Law

Introduction

The Advisory Opinion of the International Court of Justice of Kosovo held at 22 July 2010. Serbia had confronted the declaration of independence. It involves several observations regarding issues faced by Serbian people. The United Nations General Assembly was requested to reformulate the question. It brings a split between the communities to how to dealt with this unilateral act. There were many nations who have opposed the declaration, but some states were also in support of that declaration. This advisory opinion “ Advisory Opinion by the International Court of Justice on the Kosovo Declaration of Independence, given on 22 July 2010” was the first one in which written and oral proceedings were under taken by all the permanent members of the Security Council .

In the beginning, court dealt with its jurisdiction and then court has decided whether it should be discrete or not. Later on when it was founded by the court that it has jurisdiction, they learnt about the findings of the question, which was initiated by the General assembly give its opinions. The media had played a great role in the declaration; they emphasized that the Kosovo's independence is legal. The advisory opinion also played a great role in clarifying the position of General Assembly its relationship with Security Council. International Court of Justice had adopted an easy way to answer their question. The question was clearly formulated which was initiated by the General assembly Ibid 01

Background of the Question

The International Court Of Justice has given its advisory opinion, on 22 july 2010, on the question of “Accordance with international law of the unilateral declaration of independence in respect of Kosovo” The Court started its proceedings by evoking the question on which advisory opinion was requested. It was declared that the question was according to the resolution 63/3 adopted by the United Nations General assembly.

A narrow and specific question was asked by the General assembly. General Assembly had clearly formulated that question. It asked the ICJ to give its opinion about the question of declaration of independence whether or not is in accordance with international law. The question comprises of two parts: first is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo. Second part recalls that on 17 February 2008, the Provisional Institutions of Self-Government of Kosovo declared independence from Serbia”.The court found that the declaration of independence of Kosovo adopted on 17 February 2008 must be considered within the factual context which led to its adoption. The question specifies several characteristics in order to ensure the interim administration of framework which was considered by the Security Council.

The judiciary was challenged indirectly by asking that question. Serbia has presented a dilemma to International Court of Justice. One of the most significant issues of the International Law “secession” which is the most disputed and politically charged issue was asked to clarify. It becomes difficult for International Court of Justice to how to avoid this type of conflicts in the ...