Külügyi Szemle - A Magyar Külügyi Intézet folyóirata - 2010 (9. évfolyam)
2010 / 4. szám - NEMZETKÖZI JOG - Valki László: Válaszolhatott volna másként Hága? A Nemzetközi Bíróság tanácsadó véleménye Koszovó függetlenségéről
Résumé Résumé The International Court of Justice on Kosovo's Right of Self-Determination International public opinion has been dominated by the view that the advisory opinion of the International Court of justice favoured Pristina, arguing that Albanian rightfully exercised their right to self-determination in seceding from Serbia and forming their own state. The Court, however, has in no way addressed this issue. It merely stated that the declaration of independence by the interim Kosovar national assembly is not in contradiction with international law. The ICJ offered its opinion on the legality of a declaration by a provincial parliament and failed to address the question of what consequences such a declaration might have. These include, obviously, whether Kosovo may be regarded as an independent and sovereign state and whether its recognition by over fifty states was in accordance with international law. The judges of the court, however, are not to be faulted for this turn of events. They could not have responded better to the question of the Assembly. When the international community is divided to such an extent over an issue, no decision but a political one can be reached, and it is not the duty of the Court to reach a political decision. The contemporary international legal order lacks the common law norms to determine under what circumstances unilateral invocations of the right of self-determination may be considered legitimate and how these may be applied to specific cases. 62 Külügyi Szemle
