Philippine E-Journals

A Review of the Advisory Opinions of International Court of Justice for Kosovo Declaring Independence Case

Lin Jiarong

Discipline: International Relations

 

Abstract:

The United Nations general assembly called for international court to give advice on Kosovo’s declaration of independence. The author holds that International Court of Justice (ICJ hereinafter) has flaws in the process of providing the advisory opinion. UNGN bypassed the Security Council and called for international court offering advice which is in violation of the provisions of the charter of the United Nations; ICJ of general assembly interpreted as “people’s representative” which has been clearly defined as “Kosovo temporary autonomous institutions” declaring independence by UNGN, which avoids the “temporary institution”‘s problem of ultra vires and confuses the public voted “people’s representative” ’s common representative power and the temporary institution “senator” special project authority. This advice is not in conformity with the general principles of international law. Kosovo as the province of the Republic of Serbia, belongs to the part of sovereign state, do not accord with the precondition of independence and national self-determination; At the same time, international law respects territorial integrity principles, including the negative behavior and critical on infringement and destruction of the territorial integrity. The destruction behaviors is not only happening between countries, but also happening in domestic. Kosovo’ s declaring independence is also inconsistent with national separation principles of international law, Kosovo and Serbia from beginning to end have failed to reach a consensus on the separation and independence. We should be alert to the international political power’s cultivating separatists to undermine the country’s sovereignty and territorial integrity through human rights.