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The Law and Politics of the Kosovo Advisory Opinion (Hardcover)
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The Law and Politics of the Kosovo Advisory Opinion (Hardcover)
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This volume is an edited collection of essays on various aspects of
the 2010 Kosovo Advisory Opinion of the International Court of
Justice. The main theme of the book is the interplay between law
and politics regarding Kosovo's independence generally and the
advisory opinion specifically. How and why did the Court become the
battleground in which Kosovo's independence was to be fought out
(or not)? How and why did political arguments in favour of Kosovo's
independence (e.g. that Kosovo was a unique, sui generis case which
set no precedent for other secessionist territories) change in the
formal, legal setting of advisory proceedings before the Court? How
and why did states supporting either Kosovo or Serbia choose to
frame their arguments? How did the Court perceive them? What did
the Court want to achieve, and did it succeed in doing so? And how
was the opinion received, and what broader implications did it have
so far? These are the questions that the book hopes to shed some
light on. To do so, the editors assembled a stellar cast of
contributors, many of whom acted as counsel or advisors in the
case, as well a number of eminent scholars of politics and
international relations whose pieces further enrich the book and
give it an interdisciplinary angle. The book thus tells the story
of the case, places it within its broader political context, and so
attempts to advance our understanding of how such cases are
initiated, litigated and decided, and what broader purposes they
may or may not serve.
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