header-logo header-logo

Highly charged

05 August 2010 / Marc Weller
Issue: 7429 / Categories: Features , Local government , Human rights , Constitutional law
printer mail-detail

Marc Weller reports on the Kosovo question & disputed statehood

The International Court of Justice (ICJ) determined last month that the adoption of the declaration of independence by the Kosovan authorities did not violate international law. While non-binding, the advisory opinion represents a significant setback for Serbia’s campaign to stop the consolidation of Kosovo’s statehood. The opinion was not only surprisingly clear and unambiguous in rejecting the challenge put forward by Belgrade, but was also carried by a solid majority of ten votes to four.

The Kosovo question represents the latest in a series of highly politically charged actions in the ICJ. While these proceedings raise issues of international law, they are in reality meant to advance the interest of a particular state or group of states in relation to contested issues of international politics. This tendency emerged in the 1980s when Nicaragua brought a case against the US alleging armed intervention.

This trend was carried forward in other contentious cases, including the Use of Force cases (US-Iran, Congo-Rwanda, Congo-Uganda, Congo-Burundi, Serbia-NATO states)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll