The International Court of Justice's Advisory Opinion on Kosovo's declaration of independence: an exercise in the art of silence

Pippan, Christian

doi:10.1007/s12241-010-0080-x

Cited by 8 publications

(9 citation statements)

References 9 publications

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“…For example, Christian Pippan has opined that remedial secession "was effectively taken off the radar of the Court in the present case." 34 Hurst Hannum has argued that, "given the majority's conservative approach, the Advisory Opinion will have minimal legal significance either for the status of Kosovo or for our understanding of state formation and self-determination in the twenty-first century." 35 country submissions in the kosovo case…”

Section: The Icj's Advisory Opinionmentioning

confidence: 99%

The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession

Meester

2011

Canadian Yearbook of international Law/Annuaire canadien de dro

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SummaryIn light of the global prevalence of secessionist movements, some have proposed “remedial secession” as a last resort solution where a “people” is either denied internal self-determination or is faced with massive human rights violations by a repressive regime. While lack of state practice largely confined this concept to academic circles through the 1990s and much of the 2000s, remedial secession received renewed international legal attention in the proceedings concerning the International Court of Justice’s (ICJ) 2008 advisory opinion in the case Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo(Kosovo case). In light of support for remedial secession expressed in the submissions of eleven states, as well as its apparent endorsement in the separate opinions of two ICJ judges, advocates of remedial secession may plausibly argue that the soft law status of the concept has been strengthened and perhaps even that it is in the process of emerging as a regional customary norm for those states that supported it. However, the impact of the Kosovo case on solidifying the legal status of remedial secession should not be overstated, as opponents of the concept may point to a number of contrary indicators that also emerged from the formal discourse surrounding the case.

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Section: The Icj's Advisory Opinionmentioning

confidence: 99%

The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession

Meester

2011

Canadian Yearbook of international Law/Annuaire canadien de dro

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“…The advisory opinion of the International Court of Justice (ICJ) on Kosovo in July 2010 stipulating that the unilateral declaration did not violate international law has not eliminated the debate on the status of Kosovo (Wolff & Rodt, 2013). Debate on Kosovo's self-determination, secession and statehood have all continued (Pippan, 2010). Despite disputes surrounding Kosovo's legality, the number of countries that recognise Kosovo has increased over time (Kosovothanksyou, 2015).…”

Section: Discussionmentioning

confidence: 99%

“…Instead, the case has demonstrated the phenomenon in which national political interests have influenced international law (Borgen, 2008b). Therefore, writers such as Hilpold (2009), Jia (2009) and Pippan (2010) suggest that scholars of international law should find a new approach to settle problems like Kosovo due to the unavailability of international legal principles that fit with actual reality.…”

Section: The Status Of Kosovo's Independencementioning

confidence: 99%

“…Although supporting states avoided references to self-determination, their arguments inherently implied remedial-self determination when they cited the impossible human rights situation facing Kosovo under Serbia's rule. Instead, their argument has been made in conjunction with references to the principles of effectiveness where for many years Serbia and Kosovo had been governed in total separation (Muharremi, 2008;Pippan, 2010). On the other hand, past human rights concerns did not directly lead to the right to secession but constructed "an effective situation that ultimately legitimized secession" (Vidmar, 2009, p. 837).…”

Section: The Status Of Kosovo's Independencementioning

confidence: 99%

“…(Nevo, 2009, p. 99). The adoption of this resolution was considered a victory for Serbia's diplomacy which had managed to secure support in the UNGA for that purpose (Pippan, 2010). However the ICJ did not issue the advisory opinion expected by Serbia (Falk, 2011).…”

Section: The Status Of Kosovo's Independencementioning

confidence: 99%

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The role of Islam in Indonesia's contemporary foreign policy

Anshori¹

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<p>This study aims to investigate the extent to which Islam influences Indonesian foreign policy in the post-Suharto era. Specifically, this research intends to examine under what circumstances the influence of Islam on Indonesian foreign policy will be substantial and under what conditions it will have less of an effect. Focusing on the era of the administration of President Yudhoyono, the issues covered in this study embrace Indonesia’s policies towards Iran’s nuclear programme, Kosovo’s independence and Palestinian statehood. This study puts emphasis on the interplay between Muslim groups and the government in relation to the conduct of the country’s foreign policy. As interest groups, Muslim groups in Indonesia have had significant concerns about Muslim issues in both Indonesia’s domestic affairs and in its foreign policy. In general, this study argues that there has been an increased role for Islam in Indonesia’s post-Suharto foreign policy. Islamic elements and Muslim groups’ aspirations have been increasingly included and accommodated in the country’s foreign policy. These accommodations are made to the extent that the aspirations these views reflect do not contradict fundamentally with Pancasila as state philosophy, the 1945 constitution and the country’s vital national interests, mainly those related to territorial integrity. Specifically, the case of the Iranian nuclear programme has showed that the government ‘bowed’ to the Muslim groups’ pressures which were backed by the parliament. The government changed its position from supporting UNSC resolution 1747 on sanctions against Iran to abstaining on the similar resolution no. 1803. In this regard, the influence of Muslim groups on the country’s foreign policy was important and substantial as Muslim groups’ interests and members of parliament’s interests did converge against the government’s policy on that matter. The Kosovo case has demonstrated an opposite effect. The government apparently firmed up its non-recognition of Kosovo’s independence and disregarded Muslim groups’ aspirations. Muslim groups’ aspiration to recognise Kosovo’s independence is perceived to contradict the most vital of the country’s national interest, namely national integrity. Finally, the case of Palestinian statehood has showed that the Indonesian government’s policy and Muslim groups’ aspirations have been aligned (unlike their differences over Iran) with a similar voice being presented.</p>

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International Element, Quest to Statehood and International Law

Doli

2019

The International Element, Statehood and Democratic Nation-Building

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The International Court of Justice's Advisory Opinion on Kosovo's declaration of independence: an exercise in the art of silence

Cited by 8 publications

References 9 publications

The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession

The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession

The role of Islam in Indonesia's contemporary foreign policy

International Element, Quest to Statehood and International Law

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