|
''Accordance with International Law of the Unilateral Declaration of Independence In Respect of Kosovo'' was a request for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court. The court delivered its advisory opinion on 2010; by a vote of 10 to 4, it declared that "the adoption of the declaration of independence of the 17 February 2008 did not violate general international law because international law contains no 'prohibition on declarations of independence'": nor did the adoption of the declaration of independence violate UN Security Council Resolution 1244, since this did not describe Kosovo's final status, nor had the Security Council reserved for itself the decision on final status. There were many reactions to the decision, with most countries which already recognise Kosovo hailing the decision and saying it was "unique" and does not set a precedent; while many countries which do not recognise Kosovo said they would not be doing so as the ruling could set a precedent of endorsing secession in other places. ==Background== The 2008 Kosovo declaration of independence was adopted on 2008 in a meeting of the Assembly of Kosovo. It was the second declaration of independence by Kosovo's ethnic-Albanian political institutions, the first having been proclaimed on 1990.〔Howard Clark, ''Civil Resistance in Kosovo'', p. 73. Pluto Press, 2000. ISBN 0-7453-1569-0〕 Serbia decided to seek international validation and support for its stance that the declaration of independence was illegal at the International Court of Justice. Whether the declaration was in fact an official act of the Provisional Institutions of Self-Government was unclear; in the end, the Court determined it was issued by "representatives of the people of Kosovo" acting outside the normal Provisional Institutions of Self-Government.〔(【引用サイトリンク】title=Accordance with International Law of the Unilateral Declaration of Independence In Respect of Kosovo )〕 This was significant, since the Serbian argument was that the Kosovo Provisional Institutions of Self-Government had exceeded the authority given to them by the Constitutional Framework (promulgated by UNMIK). In September 2012, international supervision ended,〔(【引用サイトリンク】title=Ending of supervised independence 10 September 2012 )〕 and Kosovo became responsible for its own governance. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「International Court of Justice advisory opinion on Kosovo's declaration of independence」の詳細全文を読む スポンサード リンク
|