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  • Author: Heiko Krueger
  • Publication Date: 06-2010
  • Content Type: Journal Article
  • Journal: The Caucasian Review of International Affairs
  • Institution: The Caucasian Review of International Affairs
  • Abstract: On 22 July 2010 the International Court of Justice (ICJ) reached a final decision in one of its most momentous cases: Kosovo. The media response was huge and many headlines were plain in pointing out that “Kosovo's independence is legal”. But what sounds so clear at first sight arguably becomes an erroneous assumption upon closer examination. Indeed, the ICJ explicitly avoided deciding upon the legality of Kosovo's independence. Finally, there are sound reasons to question the legal significance of the Court's findings.
  • Topic: International Law
  • Political Geography: Kosovo
  • Author: Mushfig Mammadov
  • Publication Date: 09-2010
  • Content Type: Journal Article
  • Journal: The Caucasian Review of International Affairs
  • Institution: The Caucasian Review of International Affairs
  • Abstract: On February 17, 2008 Kosovo, hitherto the internationally recognized territory of Serbia, unilaterally declared its independence. Three of the five permanent members of the UN Security Council (the USA, UK and France) immediately recognized the independence of Kosovo, while the other two, Russia and China, sharply criticized Kosovo's step and have thus far refused to recognize Kosovo as an independent state. In October 2008 the UN General Assembly requested the International Court of Justice (ICJ), upon the initiative of Serbia, to render an advisory opinion with regard to whether the unilateral declaration of independence adopted by the provisional institutions of Kosovo was in accordance with international law. In its non-binding advisory opinion, delivered on July 22, 2010 the Court stated that the unilateral declaration of independence of Kosovo did not violate international law. Nonetheless, this conclusion is not so clear and simple as it at first might seem, nor so “dangerous”, as it was described in the media and in some reactions, especially upon a closer reading of the entire text of the advisory opinion.
  • Topic: International Law
  • Political Geography: Russia, China, Kosovo, United Nations, Serbia
  • Author: Heiko Krueger
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: The Caucasian Review of International Affairs
  • Institution: The Caucasian Review of International Affairs
  • Abstract: The objective of this article is to examine whether the current conduct of the community of states in the cases of Kosovo, Abkhazia and South Ossetia has any implications on international law. This question arises particularly in the case of Kosovo, since many states have recognised its separation from Serbia. Can the conduct of the community of states be used as a legal precedent by other groups seeking separation, e.g. in Azerbaijan, China, Georgia, Moldova, Spain or Ukraine? What if more states were to recognise Kosovo in the future? The focus of this paper will be to consider the implications of the conduct of the community of states on the interpretation of international treaties and customary international law. In this respect, the conduct of states in the cases of Abkhazia and South Ossetia in August 2008 will also be taken into account.
  • Topic: International Law
  • Political Geography: China, Ukraine, Moldova, Kosovo, Azerbaijan, Serbia, Georgia, Spain, South Ossetia, Abkhazia
  • Author: Pierre-Emmanuel Dupont
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: The Caucasian Review of International Affairs
  • Institution: The Caucasian Review of International Affairs
  • Abstract: In the Handbook\'s Introduction, Dieter Fleck mentions that the first edition, published in German in 19941, was built upon the German Armed Forces\'s (Bundeswehr) Manual of international humanitarian law (IHL), an account of Germany\'s long-standing involvement in the implementation of IHL2. Yet the present edition, \'no longer connected to a single national manual, […] aims at offering a best practice manual to assist scholars and practitioners worldwide\' (p. xiv).
  • Topic: International Law
  • Political Geography: Germany