Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo

Abstract

International Court of Justice — Advisory jurisdiction — Extent of jurisdiction — Discretion to decline to give opinion — Requirement of compelling reasons for Court to decline to give opinion — Requesting organ — General Assembly — Court asked by General Assembly to give opinion on matter within powers of Security Council — Question posed — Whether Court empowered to reformulate question — Whether matter already determined by General Assembly

International organizations — United Nations — Organs — Powers — Security Council — Decisions under Chapter VII of the United Nations Charter — Transitional administration of territory — Whether imposing obligations on non-State actors — Resolution 1244 (1999) — Transitional administration of Kosovo — Character — Final status negotiations — General Assembly — Whether possessing role — Whether proper for General Assembly to seek advisory opinion from International Court of Justice

State — Independence — Territorial integrity — Declarations of independence — Whether declaration of independence in accordance with international law — General international law regarding declarations of independence — Whether declaration of independence prohibited — Whether groups within a State have a right to independence — Right of self-determination — Specific legal regime applicable to territory under international administration — Kosovo

Human rights — Self-determination — Extent of right of self-determination — Relationship with right of territorial integrity — Remedial self-determination — Kosovo