Last week the International Court of Justice issued a Press Release announcing that 35 Member States of the UN had filed written statements on the question of the Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo. On 8 October 2008 the General Assembly of the UN adopted resolution A/RES/63/3 in which it requested the ICJ to render an advisory opinion on this question. The Court decided on 17 October 2008 that the UN and its Member States and also the authors of the declaration are "considered likely to be able to furnish information on the question" and organized proceedings ( Art. 48, 65, 66 Statute, Art. 104, 105 Rules).
The list of basic principles of international law which have to be dealt with is long. The amount of legal literature is extensive and interpretations differ widely. The political players in the field are numerous and the whole proces does not show up until now satisfying results.
- List of some topics and keywords:
- Constitutional law of the SFRY, later FRY and the status of Kosovo as an Autonomous Province
- EU Conference on Yugoslavia
- Arbitration Commission/ Badinter Commission
- Uti possidetis
- Recognition of States, constitutive or declaratory
- Use of Force
- Humanitarian Intervention
We must exercise some patience until the wise judges of the ICJ give their opinion. In the meantime there is some reading to do.