Simon Shen Legal Analysis of Kosovo's independence

ch11658092

on Thursday, the Hague International Court ruled Kosovo unilaterally declared independence from Serbia \precedent. However, the impact of its current decision, or confined to specific areas, since the court only on the number of international law, to interpret United Nations resolutions, but did not touch the most sensitive issue, which is \Who is low; did not like the League in the 30s of last century, as directly involved in the political reality. U.S. State Department legal adviser Gao Hong-chu think this sentence is \We can be analyzed from the following basis:

decisions based on the first, first, find out there is no international law prohibiting the unilateral declaration of independence. The answer, indeed not. On the contrary, if the individual areas invaded, or governance by extensive human rights violations, this is the accepted basis of declaration of independence. Declaration of independence in many countries, is a unilateral act, and later accepted by the former sovereign state. One of the justifications for the independence of Kosovo, the Yugoslav dictator Slobodan Milosevic is the result of ethnic cleansing in the territory; and Milosevic was the same as the International Tribunal for war criminals, crimes of ethnic violence in Kosovo are included, although the process is full of controversy, But, after all, been an independent source of law in Kosovo.
the second sentence on the basis that the unilateral independence of Kosovo has not violated United Nations resolutions, the main analysis of the contents of the Security Council, 1244 motion. One hand, it reaffirms Yugoslavia (Serbia and its successor) territory, including Kosovo, and pledged to respect its territorial integrity, the other being the United Nations trusteeship in Kosovo until the launch of a new round of mechanisms to implement the final status of Kosovo. In this regard, that the motion has been explicitly excluded from Serbia Kosovo's independence, or would not say \However, countries support Kosovo's independence that the motion of the \The implementation of the status of \
third decision is based on the current stable constitutional order in Kosovo, there has not ruled out the possibility of a unilateral declaration of independence. In fact, not all countries are not allowed within the division, for example, to allow Quebec Canada Xian Fajiu to Start an independent mechanism, and further in 2000 by \interpreted as \After the separation of Serbia and Montenegro adopted a new constitution, at the outset that Kosovo is an autonomous part of Serbia, the Serbian scholars believe that the unilateral independence of Kosovo, which has been reflected unconstitutional; but the Kosovars, the view that the Constitution does not say that there is no autonomous power to declare independence . Serbia this dumbfounding, because they did not write clearly. It's like Russia in retaliation for Kosovo's independence, recognition of pro-Russian separatist regions of Georgia, Abkhazia and South Ossetia independence, one held by legal grounds, but also to Georgia almost to tears: the Soviet Constitution, such autonomous regions of Abkhazia no right to declare independence, the Soviet Union withdraw from Georgia itself --- unless it was originally just a logical speculation, can not think of the eyes of scholars in Russia, has turned out to Abkhazia from Georgia's legal basis.

If the international tribunal's decision on Kosovo is ambiguous in the past, saying \Now, although Kosovo is an individual case, but also the emergence of a new individual cases; immediately affected by decisions of their country and another: The first is of Abkhazia and South Ossetia, followed by the long split from Somalia, but far effective governance in Somalia, has just completed another democratic elections in Somaliland. If they have an international tribunal, no matter what the outcome will become a purely political event.
there any solution? In fact, the Tribunal should be said clearly: \Across the high seas as a wreck in the United Kingdom announced a three-person independent country \are drilled to make loopholes in international law, but so is the international tribunal ruled that the International Tribunal is not equivalent to recognition of \This mess has to be easily altered the idea of national separatism.
(This article Source: WASHINGTON)
相关的主题文章：

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]