header-logo header-logo

05 August 2010 / Marc Weller
Issue: 7429 / Categories: Features , Local government , Human rights , Constitutional law
printer mail-detail

Highly charged

Marc Weller reports on the Kosovo question & disputed statehood

The International Court of Justice (ICJ) determined last month that the adoption of the declaration of independence by the Kosovan authorities did not violate international law. While non-binding, the advisory opinion represents a significant setback for Serbia’s campaign to stop the consolidation of Kosovo’s statehood. The opinion was not only surprisingly clear and unambiguous in rejecting the challenge put forward by Belgrade, but was also carried by a solid majority of ten votes to four.

The Kosovo question represents the latest in a series of highly politically charged actions in the ICJ. While these proceedings raise issues of international law, they are in reality meant to advance the interest of a particular state or group of states in relation to contested issues of international politics. This tendency emerged in the 1980s when Nicaragua brought a case against the US alleging armed intervention.

This trend was carried forward in other contentious cases, including the Use of Force cases (US-Iran, Congo-Rwanda, Congo-Uganda, Congo-Burundi, Serbia-NATO states)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll