Kosovo and International Law: The ICJ Advisory Opinion of 22 July 2010

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Peter Hilpold
Martinus Nijhoff Publishers, Jun 8, 2012 - Law - 327 pages
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The ICJ Opinion on Kosovo was much awaited both in politics and in academic literature as it was expected to contain not only a decisive verdict on a long-lasting controversy on the Balkans but also a ground-breaking stock-taking on many pivotal questions of international law. The Opinion handed down by the ICJ on 22 July 2010 immediately gave rise to intense discussions that made broad reference to issues such as self-determination, secession, state sovereignty, state recognition and the constitutionalization of the international law order. Based on one of the first major international conferences on this subject, this book contains contributions by the international law experts who gathered at the University of Innsbruck (Austria) to discuss this subject.
 

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Contents

Preface
List of Authors
List of Abbreviations
Historical Political and Legal PreRequisites
C Tomuschat Recognition of New States The Case of Premature Recognition
Does the Kosovo Opinion Require a ReAssessment of This Concept?
xiv
A Tancredi Some Remarks on the Relationship between Secession and General International Law in the Light of the ICJs Kosovo Advisory Opinion
lxxii
S Oeter Secession Territorial Integrity and the Role of the Security Council
cii
From Palestine to Kosovo and Back
xvii
How to Define the Limits of Their Validity
xxxiii
H Philipp Aust The Kosovo Opinion and Issues of International Responsibility
cii
A Gattini You Say Youll Change the Constitution The ICJ and Nonstate Entities in the Kosovo Advisory Opinion
vii
G Hafner and N Kalb The Structure and Content of the Austrian Statements in the ICJ Advisory Proceedings Concerning Kosovo
255
Status Question UnResolved?
263
Appendix Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo
281
Index
329

M Niedobitek The OSCE and Kosovo
cxxxii
I Lirola Delgado The European Union and Kosovo in the Light of the Territorial Issue
cl

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About the author (2012)

Peter Hilpold, Professor for International Law, European Law and Public Comparative Law at the University of Innsbruck. He is the author of over 150 publications in the fields mentioned. He is a co-editor of the journal Europa Ethnica and in the board of several law journals.

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