Secession - ICJ Kosovo case
3 important questions on Secession - ICJ Kosovo case
"Is the unilateral declaration of independence of Kosovo's provisional institutions of self-government in accordance with international law?"
The court ruled whether the UDI was lawful on the basis of:
1. General international law
2. Lex Specials was created by UN security Council Resolution 1244 (1999) and unmik constitutional framework
2. Lex Specials was created by UN security Council Resolution 1244 (1999) and unmik constitutional framework
When can international law be useful when looking at controversial cases?
When a mother state disagrees with a part of the state that is breaking up.
What are the Montevideo criteria
1. Remedial secession: controversieel
2. Unlawful secession: creating a state by breaking rules of gravy cogens
2. Unlawful secession: creating a state by breaking rules of gravy cogens
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