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12 Chi.-Kent J. Int'l & Comp. L. 1 (2012)

handle is hein.journals/chkjicl12 and id is 1 raw text is: Article ICJ's Kosovo Decision: Economical Reasoning of Law and Questions of Legitimacy of the Court Upendra D. Acharya* Table of Contents Introduction ................2............ .............2 I. Role of the ICJ in International Peace and Security .. ............4 II. Jurisdictional Questions and Separation of Powers within UN Agencies ......................7.......... .............7 III. Declaration of Independence and Relevant International Law.........15 A. Right to Self-determination through Remedial Secession .....18 B. Statehood ......................................24 C. Territorial Integrity..........................27 D. Recognition and Its Legal Effect............................29 Conclusion ................3........1.. ............. 31 [ T]7e primary purpose of the International Court ... lies in its function as one of the instruments for securing peace in so far as this aim can be achieved through law. I Such declarations are foam on the tide of time; they cannot allow the past to be forgotten nor a future to be built on fragments of the present. 2 Upendra D. Acharya, Asst. Professor of Law, Gonzaga University Law School. I would like to express my thanks to Professors Ved Nanda and James Nafziger for their valuable input and support. I also would like to express my appreciation to Matthew McGaughey and Attorney Jeannie Young for their insightful suggestions. I also am thankful to my research assistant, Jeff Briggs, for his hard work, insight and support. 'HERSCH LAUTERPACHT, THE DEVELOPMENT OF INTERNATIONAL LAW BY THE INTERNATIONAL COURT 3 (1982). 2 Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion (Kosovo Opinion), 2010 I.C.J. 141, ¶ 69 (dissenting opinion of Judge Bennouna).

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