International Court Of Justice Advisory Opinion On Kosovo's Declaration Of Independence
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International Court Of Justice Advisory Opinion On Kosovo's Declaration Of Independence
''Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo'' was a request in 2008 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 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 res ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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2008 Kosovo Declaration Of Independence
The 2008 Kosovo declaration of independence, which proclaimed the Republic of Kosovo to be a state independent from Serbia, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of the Assembly of Kosovo, including the Prime Minister of Kosovo, Hashim Thaçi, and by the President of Kosovo, Fatmir Sejdiu (who was not a member of the Assembly). It was the second declaration of independence by Kosovo's Albanian-majority political institutions; the first was proclaimed on 7 September 1990. The legality of the declaration has been disputed. Serbia sought international validation and support for its stance that the declaration was illegal, and in October 2008 requested an advisory opinion from the International Court of Justice. The Court determined that the declaration did not violate international law, because a group of people declared independence called the representatives of the people of Kosovo ( sq, Udhëheqësit e popullit tonë, të zgjedhur në ...
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United Nations Mission In Kosovo
The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall objective, namely, to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo and advance regional stability in the Western Balkans." The UNMIK was established pursuant to Security Council Resolution 1244, which was passed on 10 June 1999. The Resolution authorised an international civil and military presence in the Federal Republic of Yugoslavia.Member States of the United Nations, UN.org
"Serbia – date of admission 1 November 2000, The Federal Republic of Yugoslavia was admitted as a Member of the United Nations by General Assembly resolution A/ ...
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Constitutional Framework For The Provisional Self-Government Of Kosovo
sr, Привремене институције самоуправе на Косову, Privremene institucije samouprave na Kosovu) , border = , image = , caption = Emblem , date = 4 March 2002 , polity = Kosovo , address = , leader_title = , appointed = , main_organ = , budget = , responsible = , url Archived Website The Provisional Institutions of Self-Government in Kosovo ( sq, Institucionet e Përkohshme të Vetëqeverisjes në Kosovë, Serbian: Привремене институције самоуправе на Косову, ''Privremene institucije samouprave na Kosovu'') or PISG are local administrative bodies in Kosovo that were established by the United Nations Interim Administration Mission in Kosovo (UNMIK) during the period that the United Nations was directly responsible for the governance of Kosovo. History Under the terms of UNSCR 1 ...
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Verdict
In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman language, Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the Grammatical gender, neuter past participle of ''dīcere'', to say). Criminal law In a Criminal law, criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts ...
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Provisional Institutions Of Self-Government
sr, Привремене институције самоуправе на Косову, Privremene institucije samouprave na Kosovu) , border = , image = , caption = Emblem , date = 4 March 2002 , polity = Kosovo , address = , leader_title = , appointed = , main_organ = , budget = , responsible = , url Archived Website The Provisional Institutions of Self-Government in Kosovo ( sq, Institucionet e Përkohshme të Vetëqeverisjes në Kosovë, Serbian: Привремене институције самоуправе на Косову, ''Privremene institucije samouprave na Kosovu'') or PISG are local administrative bodies in Kosovo that were established by the United Nations Interim Administration Mission in Kosovo (UNMIK) during the period that the United Nations was directly responsible for the governance of Kosovo. History Under the terms of UNSCR ...
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Albanian People
The Albanians (; sq, Shqiptarët ) are an ethnic group and nation native to the Balkan Peninsula who share a common Albanian ancestry, culture, history and language. They primarily live in Albania, Kosovo, North Macedonia, Montenegro, Serbia as well as in Croatia, Greece, Italy and Turkey. They also constitute a large diaspora with several communities established across Europe, the Americas and Oceania. Albanians have Paleo-Balkanic origins. Exclusively attributing these origins to the Illyrians, Thracians or other Paleo-Balkan people is still a matter of debate among historians and ethnologists. The first certain reference to Albanians as an ethnic group comes from 11th century chronicler Michael Attaleiates who describes them as living in the theme of Dyrrhachium. The Shkumbin River roughly demarcates the Albanian language between Gheg and Tosk dialects. Christianity in Albania was under the jurisdiction of the Bishop of Rome until the 8th century AD. Then, diocese ...
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Assembly Of Kosovo
The Assembly of the Republic of Kosovo ( sq, Kuvendi i Republikës së Kosovës; sr, Скупштина Републике Косово, Skupština Republike Kosovo) is the unicameral legislature of the Republic of Kosovo that is directly elected by the people every four years. It was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'. On February 17, 2008, representatives of the people of Kosovo unilaterally declared Kosovo's independence and subsequently adopted the Constitution of Kosovo, which came into effect on 15 June 2008. Members The Assembly of the Republic of Kosovo is regulated by the Constitution of Kosovo and has 120 directly-elected members; 20 are reserved for national minorities as follows: * 10 seats for the representatives of the Serbs. * 4 seats for the representatives of the Romani, Ashkali and Egyptians. * 3 seats for the Bosniaks. * 2 seats for the Turks. * 1 ...
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Kosovo Precedent
On 17 February 2008, the majority of members of the Assembly of Kosovo, including Hashim Thaçi, and Fatmir Sejdiu (who were not members of the Assembly), not acting in the capacity of PISG, declared Kosovo an independent and sovereign state. Kosovo was soon recognized as a sovereign state by the United States, Turkey, Albania, Austria, Germany, Italy, France, the United Kingdom, the Republic of China (Taiwan), and others. This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case. The recognition of Kosovo's independence by 97 out of UN states, according to many sources, has given fresh impetus to other separatist movements. There is an estimation that a group of 70 unrecognized nations and organizations use the Kosovo precedent to achieve their goals. Abkhazia and South Ossetia renewed their calls for the recognitio ...
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Resolution 1244
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of YugoslaviaMember States of the United Nations, UN.org
"Serbia – date of admission 1 November 2000, The Federal Republic of Yugoslavia was admitted as a Member of the United Nations by General Assembly resolution A/RES/55/12 of 1 November 2000. On 4 February 2003, following the adoption and promulgation of the Constitutional Charter of Serbia and Montenegro by the Assembly of the Federal Republic of Yugoslavia, the official name of "Federal Republic of Yugoslavia" was changed to Serbia and Montenegro. In a letter dated 3 June 2006, the President of the Republic of Serbia i ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Declaration Of Independence
A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the territory of another state or failed state, or are breakaway territories from within the larger state. In 2010, the UN's International Court of Justice ruled in an advisory opinion in Kosovo that "International law contains no prohibition on declarations of independence", though the state from which the territory wishes to secede may regard the declaration as rebellion, which may lead to a war of independence or a constitutional settlement to resolve the crisis. List of declarations of independence See also * Independence referendum * List of national independence days * List of sovereign states by date of formation * Political history of the world * Separatism * Unilateral declaration of independence A unilateral declaration o ...
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