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To Doublt The Legality Of Independence Of Kosovo In The Background Of The Advisory Opinion Of International Court Of Justice

Posted on:2013-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhuFull Text:PDF
GTID:2256330392967651Subject:International law
Abstract/Summary:PDF Full Text Request
The research of independence of Kosovo is a traditional controversial topic inthe International Jurisprudence. Thus the re-study of it which using the latestadvisory opinion of ICJ as the subject has important theory significance. Althoughthe advisory opinion has no coercive power, the affection is significant. It maybreak the pattern of the international community and affect the international order,thus the study of it has realistic significance. The method of theoretical analysis,normative analysis, comparative analysis and Exemplification will be used in thisthesis.The thesis will firstly analyze its background, character, and then focus on theprocedural and substantive issues. The advisory opinion has no coercive power. Itprovides consult suggestions to the UN, the advisory opinion become a weathervane, thus it has more positive affection instead of negative affection. Through theanalysis, this thesis would introspection the conditions for Kosovo to become anindependent State. Form the research finding, we conclude that the independenceof Kosovo must satisfy all the following conditions. First, it should own all theelements which a State need. Second, it must satisfy the legal effect of the UNresolution. Third, it should use the National self-determination right lawful andproper.The thesis would like to interpret the advisory opinion of ICJ and prove thatthe independence of Kosovo is illegal. The analysis would be a legal warning tothe similar separation forces. For a legal worker, it is also a practice of the socialmission and responsibility.
Keywords/Search Tags:independence of Kosovo, legality, advisory opinion of InternationalCourt of Justice, self-determination
PDF Full Text Request
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