The international court of justice's advisory opinion on the unilateral declaration of independence in respect of Kosovo : implictions for unilateral declarations of independence in international law
Abstract:
After the attacks of North Atlantic Treaty Organization on Serbia in 1999, Serbia troops retreated from Kosovo. The United Nations Security Council adopting of Resolution 1244, placing Kosovo under UN administration. Although negotiations between Serbia and Kosovo on final status for Kosovo were put in place by the United Nations Special Envoy, the parties failed to reach an agreement. Kosovo unilateral declared of independent on 17 February 2008, and then on 8 October 2008, United Nations General Assembly requested the International Court of Justice for an advisory opinion to answer the question whether the unilateral declaration of independence declared by the Provisional Institutions of Self-Government of Kosovo is in accordance with international law. The study found that the ICJ rendered advisory opinion, rendered on 22 July 2010, held that there was no restriction as to the unilateral declaration of independence in the context of international law. Therefore, Kosovos declaration of independence did not violate (or conflict with) international law. The advisory opinion, despite having no legal binding in nature, is useful in term of its underlying legal implications, and if linking the advisory opinion with related contexts of international law i.e. international law of statehood, the international law of recognition and right to self-determination, including the Resolution adopted by the United Nations Security Council and the United Nations General Assembly, will clearly illustrate the essence of unilateral declaration of independence in the context of international law. Additionally, modern trends in the right of nations to self-determination i.e. violation of right of self-determination by non-representative government, including oppression and serious violation of human rights may probably put forward the unilateral declaration of independence.