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Kosovo’s Declaration of Independence

Kosovo’s Declaration of Independence. By Magdalena Boskic. Content. I . Kosovo within the structure of SFRY and Serbia II. Kosovo’s Declaration of Independence of 17 th February 2008 III. The ICJ Advisory Opinion from 22 nd July 2010 IV. Comparison Kosovo case with Crimea.

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Kosovo’s Declaration of Independence

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  1. Kosovo’s Declaration of Independence By Magdalena Boskic

  2. Content • I. Kosovo within the structure of SFRY and Serbia • II. Kosovo’s Declaration of Independence of 17th February 2008 • III. The ICJ Advisory Opinion from 22nd July 2010 • IV. Comparison Kosovo case with Crimea

  3. I. Kosovo within the structure of SFRY and Serbia • Former SFRY • 6 republics and 2 autonomous provinces • Kosovo as an autonomous province within SFRY • Since 1999 United Nations Mission in Kosovo (UNMIK) • Kosovo in the 2006 Serbian Constitution • Integral part of the territory of Serbia • Status of substantial autonomy

  4. II. Kosovo’s Declaration of Independence of 17th February 2008 • Adopted by the Assembly of Kosovo in Prishtina • Recognized by UK, France, USA, Turkey, • So far recognized by 107 out of 193 UN-Member States • GA Resolution 63/3 from 08.10.2008 leads to ICJ Advisory Opinion • 22nd of July 2010 Publishment of Advisory Opinion

  5. III. The ICJ Advisory Opinion from 22nd July 2010 • Scope and meaning of the question • Narrow interpretation by the ICJ • 3 main points of the Advisory Opinion • 1. No prohibition of unilateral Declarations of Independence in Int’l Law • 2. No violation of the SC-Resolution 1244 • 3. No violation of the Constitutional Framework established by UNMIK

  6. III. The ICJ Advisory Opinion from 22nd July 2010 • US written statement to the ICJ from April 2009 • Declarations of Independence may violate domestic law • But no necessarily Int’l Law • No regulation of the act of declaring independence

  7. IV. Comparison Kosovo case with Crimea • Parallels • 2 cases about the implementation of People’s Right to Self-Determination • Differences • No referendum in the case of Kosovo • Involvement of the world community • Double standards?

  8. Thankyou for your attention!

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