Theories and Practice of State Succession to Bilateral Treaties: The Recent Experience of Kosovo
This article explores the most recent practice, as exemplified by the case of Kosovo, concerning succession to treaties in international law. In doing so, it examines the precise meaning and legal effects under international law of relevant provisions of the Declaration of Independence (DoI) of Kosovo with respect to international treaties concluded by the United Nations Interim Administration Mission in Kosovo (UNMIK) and the former Socialist Federal Republic of Yugoslavia (SFRY) or, as applicable, any other predecessor entity. More specifically, the aim is to identify and comprehend the fundamental principles underlying the existing or developing practice of treaty succession, and to situate it within a broader framework of succession in international law. Kosovo's absence from key multilateral regimes, in particular the United Nations, dictates a focus on succession to bilateral treaties. Kosovo is in the process of establishing with its partners the status of its bilateral treaties undertaken by way of succession.
Recent Developments: The Broader Consequences of the International Court of Justice’s Advisory Opinion on the Unilateral Declaration of Independence in Respect of Kosovo
On July 22, 2010, the International Court of Justice (the court or the ICJ) rendered an Advisory Opinion, Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (Kosovo Advisory Opinion or Opinion), considering whether the unilateral declaration of independence of Kosovo is in accordance with international law. This Paper contrasts the court’s narrow interpretation of the question put to it by the General Assembly, and its subsequent narrow conclusions, with the broader consequences of its reasoning, in particular in relation to the questions of the legality of Kosovo’s attempted secession and the legality of the recognition of Kosovo’s independence by third States. By analyzing the court’s reasoning in relation to the scope and meaning of the question as well as to whether the adoption of the declaration of independence was in violation of general international law, Security Council Resolution 1244 (1999) and the Constitutional Framework, this Paper reveals an Opinion far more damaging to Serbia’s interests than its narrow conclusions might suggest. The Paper concludes that the court’s ultimate message is that while secessionist movements are free to declare independence, achieving it in practice should be left to the international community to decide through political fora. In this light, this Paper urges Serbia and Kosovo to take up the European Union’s (EU) offer to facilitate a dialogue and begin their journey on the path towards peace, security and stability in the region.
America Or Europe?: British Foreign Policy, 1739-63
International developments Britain and the War of the Austrian Succession Anglo-French relations the Crown Parliament diplomats and ministers defence, foreign policy and strategy Pitt and moves towards new strategies, 1755-63 conclusion - Europe or America?.