The Law and Politics of the Kosovo Advisory Opinion

Hardcover | April 19, 2015

EditorMarko Milanovic, Michael Wood

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The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It washighly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific contextof the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favour of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted toachieve, whether it succeeded in those aims, and the contentious reception its Opinion received.The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence.Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly itanalyses the Advisory Opinon itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere.Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.

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The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It washighly controversial, as the Opinion could b...

Marko Milanovic is a Lecturer in Law at the University of Nottingham School of Law as well as a member of the Executive Board of the European Society of International Law. His first book, Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy, was published by OUP in 2011. Sir Michael Wood, KCMG, is a membe...

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Format:HardcoverDimensions:550 pagesPublished:April 19, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198717512

ISBN - 13:9780198717515

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Table of Contents

1. Marko Milanovic and Sir Michael Wood: IntroductionPart I: Alternate Realities2. Dubravka Stojanovic: A conflict of narratives3. Vojin Dimitrijevic and Vladimir Petrovic: War crimes and courts4. Stefan Talmon: The politics of independence5. TBC: Why go to the ICJ?6. Marc Weller: ReflectionsPart II: The Lawyers Take Over7. Qudsi Rasheed: The Road to the Advisory Opinion8. Sir Michael Wood: Dramatis personae9. Sir Michael Wood: Arguing the case10. Martti Koskenniemi: ReflectionsPart III: The Opinion11. Vladimir Djeric: Jurisdiction and discretion12. Daniel Mueller: The question question13. Christian Tams: Things said and left unsaid: general international law14. Sean Murphy: Interpreting Resolution 124415. Andreas Zimmermann: ReflectionsPart IV: Reaction to the Opinion16. Tatjana Papic: Back to politics17. Elizabeth Wilmshurst: Success or failure?18. Dinah Shelton; Frank Hoffmeister: ReflectionsPart V: Implications19. Concepcion Escobar Hernandez; Anne Peters: Setting a precedent?20. James Crawford; Malcolm Shaw: The questions not asked, or the question not answered?21. Bernhard Knoll: Lessons learned22. Jochen Frowein; Harold Koh; Bruno Simma: Reflections