6533b829fe1ef96bd128a62e
RESEARCH PRODUCT
Some Remarks on the Relationship between Secession and General International Law in the Light of the ICJ’s Kosovo Advisory Opinion
Antonello Tancredisubject
International courtInternational Court of Justice Kosovo independencemedia_common.quotation_subjectKosovodeclaration of independenceIUS/13 - DIRITTO INTERNAZIONALEEntitlementInternational lawEconomic JusticeIndependenceInternational Court of JusticeSecessionPolitical scienceLawNormativeSettore IUS/13 - Diritto InternazionaleAdvisory opinionmedia_commonsecessiondescription
How is it possible to regard something that is not prohibited, as illegal? What are the resulting consequences of fact and law? This chapter suggests that a reasonable way to reconcile these two assertions is to admit that they refer to two profiles of the phenomenon in question that must be kept separate. Independence is not prohibited, but not all means to reach it are allowed under general international law. To render this concept, the author submits the idea of a normative "due process" seen as a set of rules giving no legal entitlement to statehood nor determining the creation of a State, but forming a normative course through which factual processes should be legally channelled. The chapter offers a possible interpretation of what the International Court of Justice (ICJ) has said in the few paragraphs devoted to the relationship between the attainment of independence and general international law. Keywords:International Court of Justice (ICJ); Kosovo; legal entitlement; statehood
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2012-01-01 |