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Casebook Read Credits
Introduction to International & Comparative Law-Fall 2016
Resource 4 . 1
half an hour

Kosovo independence-ICJ Advisory Opinion

Manuel A. Gómez,
Manuel A. Gómez

The purpose of this class is to discuss the meaning and importance of "recognition" as one of the elements of states, and to explore whether a unilateral declaration of independence is consistent with international law principles. We will use the Advisory Opinion issued by the International Court of Justice regarding the case of Kosovo, as the context for our discussion. This class will also provide a good opportunity to begin talking about the role of international organizations in interpreting international law, the role of the different organs of the United Nations (Security Council, General Assembly, and the ICJ), and the jurisdiction of the ICJ. Some additional readings on recognition are: 1) Christian Hellgruber, The Admission of New States to the International Community, 9 International Journal of European Law, 491 (1998), available at: http://www.ejil.org/pdfs/9/3/664.pdf, and 2) Ralph Wilde, et. al. Recognition of States: The consequences of recognition and non-recognition in UK and international law, Summary of the International Law Discussion Group meeting held at Chatham House on 4 February 2010, available at: https://www.chathamhouse.org/sites/files/chathamhouse/public/Research/International%20Law/040210il.pdf 

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