Kosovo And International Law

Author : Heike Krieger
Publisher : Cambridge University Press
Page : 652 pages
File Size : 44,7 Mb
Release : 2001-07-12
Category : History
ISBN : 0521800714

Get Book

The Kosovo Conflict and International Law by Heike Krieger Pdf

This book was first published in 2001. The Kosovo Conflict and International Law provides international lawyers, scholars and students with access to material on the conflict in Kosovo. As well as the basic material relating to Kosovo's status in Yugoslavia before 1999, this volume reproduces the significant documentation on the following issues: the development of the human rights situation, the diplomatic efforts for the settlement of the crisis, the military action against Yugoslavia and the international community's response, court action with regard to the conflict, and the implementation of the principles for a political solution with an international civil and security presence in Kosovo. Dr Krieger's analytical introduction provides the historical and political context as well as an overview of the various legal aspects of the conflict. A chronology and detailed index make the documents more accessible.

Author : Marko Milanovic,Michael Wood
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 41,7 Mb
Release : 2015
Category : Law
ISBN : 9780198717515

Get Book

The Law and Politics of the Kosovo Advisory Opinion by Marko Milanovic,Michael Wood Pdf

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 was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of 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 favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, 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 it analyses the Advisory Opinion 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.

Author : Peter Hilpold
Publisher : Martinus Nijhoff Publishers
Page : 342 pages
File Size : 52,6 Mb
Release : 2012-06-08
Category : Law
ISBN : 9789004221277

Get Book

Kosovo and International Law by Peter Hilpold Pdf

The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries.

Author : Christian Tomuschat
Publisher : BRILL
Page : 364 pages
File Size : 42,5 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004478817

Get Book

Kosovo and the International Community by Christian Tomuschat Pdf

NATO's air operation against Yugoslavia, undertaken with a view to helping the Kosovo Albanians resist genocide and ethnic cleansing, confronted the international community with a bitter dilemma. In Europe, the choice either to tolerate massive violations of human rights or to infringe the principle of non-use of force, given the absence of explicit authorization by the Security Council, was a challenge never before encountered since the new world order was ushered in by the Charter of the United Nations. This book, a collection of legal essays which emerged from a meeting of members of the French, German, and Polish societies of international law, not only attempts to analyze the Kosovo war from the viewpoint of humanitarian intervention based on the failure of the Rambouillet conference, but also intends to provide an overall picture of the responsibilities incumbent on the international community. Starting with the lifting of Kosovo's autonomy by the Yugoslav federal authorities in 1989/90, it follows the tragic events step by step. Not only are the crimes committed by Yugoslav military units and police as well as by the Kosovo Liberation Army listed in specific detail, an inquiry is also made into NATO's compliance with the applicable standards of humanitarian law. The book concludes with an examination of the future of the province in light of Security Council resolution 1244 of 1999 and the Stability Pact adopted to ensure economic recovery of the entire region.

Author : United Nations
Publisher : DigiCat
Page : 64 pages
File Size : 50,9 Mb
Release : 2022-07-20
Category : Fiction
ISBN : EAN:8596547086383

Get Book

Accordance with international law of the unilateral declaration of independence in respect of Kosovo by United Nations Pdf

In 2008 Kosovo declared independence from Serbia. This was accepted by some countries and rejected by others. This document examines whether Kosovo's declaration was in line with International Law, or not.

Author : Juan Francisco Escudero Espinosa
Publisher : Springer
Page : 204 pages
File Size : 48,9 Mb
Release : 2018-03-24
Category : Law
ISBN : 9783319726229

Get Book

Self-Determination and Humanitarian Secession in International Law of a Globalized World by Juan Francisco Escudero Espinosa Pdf

This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

Author : Juan Francisco Escudero Espinosa
Publisher : Unknown
Page : 204 pages
File Size : 54,5 Mb
Release : 2017
Category : International relations
ISBN : 3319726234

Get Book

Self-Determination and Humanitarian Secession in International Law of a Globalized World by Juan Francisco Escudero Espinosa Pdf

Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 41,7 Mb
Release : 2014-06-05
Category : Law
ISBN : 9780191006913

Get Book

Self-Determination and Secession in International Law by Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov Pdf

Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

Author : James Summers
Publisher : BRILL
Page : 471 pages
File Size : 46,6 Mb
Release : 2011-08-25
Category : Law
ISBN : 9789047429432

Get Book

Kosovo: A Precedent? by James Summers Pdf

This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.

Author : Natalie Züfle
Publisher : GRIN Verlag
Page : 6 pages
File Size : 42,7 Mb
Release : 2011-10-12
Category : Law
ISBN : 9783656027126

Get Book

Is Kosovo a state in international legal terms? by Natalie Züfle Pdf

Essay from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 1,6, Free University of Berlin (Center for Global Politics), course: International Law, language: English, abstract: On 17 February 2008, Kosovo province declared its independence from the Republic of Serbia in order to become a separate republic. Kosovo's declaration of independence is quite controversially discussed, splitting the international community. Accordingly, Kosovo at present is only a partially recognized state within the international community.

Author : Spiro Paco
Publisher : Independently Published
Page : 58 pages
File Size : 54,7 Mb
Release : 2019-02
Category : Law
ISBN : 1795600047

Get Book

Sovereignty, Statehood and Self-Determination in International Law by Spiro Paco Pdf

The self-proclamation of Kosovo's independence announced on February 17 invites us to some general considerations that may be linked to the specific event. The first is of a general nature. The independence of this country is inevitably linked to the principle of self-determination, universally recognized in numerous sources of international law, the Charter and in various UN documents. In concrete political history of the United Nations, this principle was explicitly linked to the right of the peoples of the third world countries to free themselves from colonial rule (or the so-called "UN trust") of European countries. In this context, the principle of self-determination has been relatively easy to apply, as was evident, external and unjustified, a situation of foreign oppression.

Author : Maurizio Arcari,Louis Balmond
Publisher : Unknown
Page : 236 pages
File Size : 40,9 Mb
Release : 2011
Category : Law
ISBN : 881415760X

Get Book

International law issues arising from the International Court of Justice advisory opinion on Kosovo by Maurizio Arcari,Louis Balmond Pdf

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
Page : 229 pages
File Size : 52,8 Mb
Release : 2024-01-11
Category : Law
ISBN : 9781509959495

Get Book

Territorial Status in International Law by Jure Vidmar Pdf

This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

Author : Monika Stachonova
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2014
Category : Kosovo (Republic)
ISBN : 9058871851

Get Book

The ICJ Advisory Opinion on Kosovo by Monika Stachonova Pdf

Throughout history, States never suggested the act of promulgating the declaration of independence was contrary to international law. Would Kosovo be the first one? Its independence was declared unilaterally by the Parliament on February 17, 2008. Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? This crucial question was laid down by Serbia before the International Court of Justice (ICJ). The ICJ focused on the conformity of Kosovo's independence with international law, and, after taking all the facts into consideration, it issued an advisory opinion. By nine votes to five, the ICJ concluded that the adoption of the declaration did not violate any applicable rule of international law. This book presents the full text of the ICJ's advisory opinion on Kosovo.

Author : Ken Booth
Publisher : Routledge
Page : 390 pages
File Size : 49,6 Mb
Release : 2012-12-06
Category : History
ISBN : 9781136334764

Get Book

The Kosovo Tragedy by Ken Booth Pdf

The 1999 conflict in Kosovo is seen as being as significant for international affairs as the pulling down of the Berlin Wall, because of the centrality of human rights in the build-up, conduct and aftermath of the war. This volume is an attempt to explore this human rights tragedy.