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05 August 2010 / Marc Weller
Issue: 7429 / Categories: Features , Local government , Human rights , Constitutional law
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Highly charged

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)

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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