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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