¹ Accordance with International Law of the UDI in Respect of Kosovo, No. 2010/25, Advisory Opinion, 2010 I.C.J. 141 (July 22) (finding that (a) Kosovo's declaration of independence does not violate international law, (b) Kosovo's declaration of independence does not violate UN Security Council Resolution 1244, and (c) independence does not violate the Constitutional Framework for Provisional Self-Government), available at http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=21&case=141&code=kos&p3=4 (last visited 15 Aug. 2010) [hereinafter Kosovo Decision].Google Scholar

² See Violeta Hyseni & Mark Lowen, Serbia and Kosovo React to ICJ Ruling, BBC, July 22, 2010, available at http://www.bbc.co.uk/news/world-europe-10733676; see also P.D., To Recognise or not to Recognise, The Economist, July 29, 2010, http://www.economist.com/blogs/easternapproaches/2010/07/reactions_icj_kosovo_ruling (last visited 12 Aug. 2010).Google Scholar

³ Unlike the United States system of Stare Decisis, ICJ decisions are not binding precedent. However, the opinions have influence on whether nations recognize the holding as a general principle of law, which courts can interpret as international law along with other criteria, see Statute of the International Court of Justice, Art. 38 (to decide disputes in accordance with international law, the Court shall apply: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law). For the entire statute, see http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER_II (15 August 2010).Google Scholar

⁴ Secretary of State Condoleezza Rice said on February 18, 2008, during the announcement of the United States’ recognition of Kosovo's independence, “The unusual combination of factors found in the Kosovo situation – including the context of Yugoslavia ‘s breakup, the history of ethnic cleansing and crimes against civilians in Kosovo, and the extended period of UN administration – are not found elsewhere and therefore make Kosovo a special case. Kosovo cannot be seen as a precedent for any other situation in the world today.” For the entire speech, see http://tirana.usembassy.gov/08pr_0219.html (last visited on August 6, 2010).Google Scholar

⁵ See Patrick Worsnip, Court's Kosovo ruling could Resonate Around Globe, Reuters, July 22, 2010, available at http://www.reuters.com/article/idUSTRE66L59120100722 (last visited 6 Aug. 2010).Google Scholar

⁶ See supra note 2 and accompanying text.Google Scholar

⁷ See Patrick Goodenough, As Separatists Welcome Int'l Court Kosovo Opinion, US Insists it's Not Applicable Elsewhere, CNS News, July 23, 2010, available at http://www.cnsnews.com/news/article/69848 (last visited 8 Aug. 2010).Google Scholar

⁸ Worsnip, supra note 5.Google Scholar

⁹ This article focuses on the politics regarding the international reaction to the ICJ Advisory Opinion, but it is important to note that the opinion will not become international law until there is widespread, consistent state-action performed based on the belief that the action is required by international law; in customary international law, opinio juris and state practice are necessary to establish a legally binding custom. Opinio juris, specifically, refers to a sense on behalf of a state that it is bound to the law in question; see ICJ Statute, supra note 3, Article 38(1)(b), (the custom to be applied must be “accepted as law”).Google Scholar

¹⁰ Kosovo is currently recognized by 69 United Nations Member States, including the United States and 22 EU states. For a complete list or more up to the date information, please visit http://www.kosovothanksyou.com/ (last visited 6 Aug. 2010).Google Scholar

¹¹ See NATO/OTAN, “NATO's role in relation to the conflict in Kosovo,” July 15 1999, http://www.nato.int/kosovo/history.htm (last visited 12 Aug. 2010). See also Christopher J. Borgen, Kosovo's Declaration of Independence: Self-Determination, Secession and Recognition, 12 ASIL Insights 2 (2008), available at http://www.asil.org/insights080229.cfm (last visited 10 Aug. 2010) (also note that the ethnic makeup consists of the Albanian population as the majority and the Serb population and others as the minority).Google Scholar

¹² S.C. Res. 1244, United Nations Doc. S/RES/1244, Security Council Resolutions 1999 (June 10, 1999), See Taipei, Taiwan recognizes Kosovo in move likely to anger China, Reuters, Feb. 20, 2008, available at http://www.reuters.com/article/idUSTP33781020080220.Google Scholar

¹³ See Borgen, supra note 11.Google Scholar

¹⁴ United National Office of the Special Envoy for Kosovo, The Comprehensive proposal for Kosovo Status Settlement: Report of the Special Envoy of the Secretary-General on Kosovo's future status, U.N. Doc. S/2007/168 (Mar. 26, 2007), available at http://www.unosek.org/docref/report-english.pdf (last visited 10 Aug. 2010).Google Scholar

¹⁵ Full text: Kosovo declaration, BBC News, Feb. 17, 2008 (the text of Kosovo's declaration of independence, signed in parliament by Speaker Jakup Krasniqi, Prime Minister Hashim Thaci and President Fatmir Sejdiu), available at http://news.bbc.co.uk/2/hi/europe/7249677.stm (last visited 16 Aug. 2010).Google Scholar

¹⁶ See Accordance with International Law of the UDI by the Provisional Institutions of Self-Government of Kosovo, (Req. for Advisory Op.) (Order of 17 Oct. 1008), available at http://www.icj-cij.org/docket/files/141/14799.pdf; see also Statute of ICJ, supra note 3, at Chapt. IV, Art. 65(1) (“The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.”), available at http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER_IV.Google Scholar

¹⁷ See Kosovo not illegal, says UN Court, BBC News, July 22, 2010, available at http://www.bbc.co.uk/news/world-europe-10730573 (last visited 10 Aug. 2010).Google Scholar

¹⁸ See Kosovo Decision, at 3. (“Issues relating to the extent of the right of self-determination and the existence of any right of ‘remedial secession’ are beyond the scope of the question posed by the General Assembly.”).Google Scholar

¹⁹ See Serbia-Russian Federation: Bilateral Political Relations, Ministry of Foreign Affairs, Republic of Serbia, available at http://www.mfa.gov.rs/Policy/Bilaterala/Russia/basic_e.html (detailing history and nature of recent Russian-Serbian relations); see also Relations Between Serbia, Russia, Excellent, November 4, 2007, available at http://www.b92.net/eng/news/politics-article.php?yyyy=2007&mm=11&dd=04&nav_id=45119.Google Scholar

²⁰ See Ministry of Foreign Affairs of Russia, “Concerning Russia's Presidency of the UN Security Council,” Aug. 2, 2010, http://www.mid.ru/Brp_4.nsf/arh/F5C64DB9923A7937C32577730055952B?OpenDocument (last visited Aug. 17, 2010).Google Scholar

²¹ See Russia reportedly rejects fourth draft resolution on Kosovo status, SETimes.com, June 29, 2007, available at http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2007/06/29/nb-07.Google Scholar

²² See Ministry of Foreign Affairs of Russia, “Concerning Russia's Presidency of the UN Security Council,” Aug. 2, 2010, http://www.mid.ru/Brp_4.nsf/arh/F5C64DB9923A7937C32577730055952B?OpenDocument (last visited Aug. 17, 2010).Google Scholar

²³ Note Russia's close ethnic and diplomatic ties with Serbia, supra note 19.Google Scholar

²⁴ See Michael Stott, Russia's Chechen Rebels Hail Kosovo Independence, Reuters, Feb. 18, 2008, available at http://www.reuters.com/article/idUSL1838576020080218 (Chechnya first began drawing analogies between its situation and that of Kosovo after Kosovo's 2008 UDI).Google Scholar

²⁵ Brendan Fogarty, Chechnya Redux? Violent Conflict in Ingushetia, 31 Harvard Int'l R. 8 (Winter 2010).Google Scholar

²⁶ See Russia's Chechen rebels hail Kosovo independence, Reuters, Feb. 18, 2008, available at http://www.reuters.com/article/idUSL1838576020080218.Google Scholar

²⁷ Dmitry Medvedev, Why I had to Recognise Georgia's Breakaway Regions, Financial Times, Aug. 26, 2008, available at http://www.informationclearinghouse.info/article20628.htm.Google Scholar

²⁸ Id. But see Christopher Hitchens, South Ossetia Isn't Kosovo, Slate, Aug. 18, 2008, available at http://www.slate.com/id/2197704.Google Scholar

²⁹ Clinton promises ‘steadfast’ US support for Georgia, BBC News, July 5, 2010, available at http://www.bbc.co.uk/news/10504732.Google Scholar

³¹ Transcript of Oral Argument, at 28, Official Transcript from Monday, December 7 2009, International Court of Justice, available at http://www.icj-cij.org/docket/files/141/15724.pdf (last visited Aug. 17, 2010).Google Scholar

³² See Ministry of Foreign Affairs of the People's Republic of China, China's Independent Foreign Policy of Peace, Aug. 18, 2003, http://www.fmprc.gov.cn/eng/wjdt/wjzc/t24881.htm; see also China to Maintain Non-interference Policy on Ties with Myanmar, Xinhua News Agency, November 1, 2006, http://www.china.org.cn/english/business/187143.htm.Google Scholar

³³ See supra note 31, at 29 (China's oral argument); for China's response to the ICJ advisory opinion, see Foreign Ministry Spokesperson Qin Gang's Response to the International Court of Justice's Advisory Opinion on the Kosovo Case, http://big5.fmprc.gov.cn/gate/big5/brisbane.china-consulate.org/eng/fyrth/t719113.htm for China's response to the ICJ advisory opinion.Google Scholar

³⁴ See John Chan, Kosovo independence brings new uncertainties in Asia, Uyghur News, Feb. 22, 2008, available at http://www.uyghurnews.com/canadian/Read.asp?UighurNews=kosovo-independence-brings-new-uncertainties-in-asia&ItemID=BV-3152008550472929493997 (After Kosovo's 2008 declaration of independence, Uyghur News published an article discussing the hope Kosovo's example set for some separatist movements, as well as China's responses to quiet the potential unrest).Google Scholar

³⁵ For an excellent editorial on the impact of the ICJ Kosovo opinion on Taiwan, see ICJ, Kosovo and Taiwan's future, Taiwan News, Aug. 3, 2010, at 6, available at http://www.etaiwannews.com/etn/news_content.php?id=1330828&lang=eng_news&cate_img=46.jpg&cate_rss=news_Editorial.Google Scholar

³⁶ See Beijing's Closed Politics Hinders New Diplomacy, Carnegie Endowment for International Peace, Sept. 12, 2004, available at http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=15836.Google Scholar

³⁷ See Taipei, Taiwan recognizes Kosovo in move likely to anger China, Reuters, Feb. 20, 2008, available at http://www.reuters.com/article/idUSTP33781020080220.Google Scholar

³⁸ Kosovo Decision, at 19 (addressing scope and meaning of question put forth by General Assembly and decided by the ICJ).Google Scholar

³⁹ See Enric Martínez-Herrera & Thomas Jeffrey Miley, The Constitution and the Politics of National Identity in Spain, 16 Nations and Nationalism 6, 7 (2010).Google Scholar

⁴⁰ Id. at 8.Google Scholar

⁴¹ See Ferran Requejo, Revealing the dark side of traditional democracies in plurinational societies: the case of Catalonia and the Spanish ‘Estado de las Autonomías, 16 Nations and Nationalism 148, 155 (2010) (discussing the Spanish Constitution's establishment of one of two routes for each ‘community’ to achieve self-government, which depended on whether the ‘communities’ had already possessed some form of political autonomy in their history); see also Martínez-Herrera, supra note 39, at 10 (claiming that the final draft of the Constitution did not impost a solution on the issue of future territorial organization of the Spanish state, which “planted” the “juridical seed for the deconstruction of the ‘Spanish nation’ as ‘collective subject,’ and therefore as ‘source of rights and of sovereignty”').Google Scholar

⁴² See Martínez-Herrera, supra note 38, at 9; see also Spanish Constitution (English translation), Preliminary Part, Section 2, available in pdf format at http://www.congreso.es/portal/page/portal/Congreso/Congreso/Informacion/Normas/const_espa_texto_ingles_0.pdf (“The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognizes and guarantees the right to selfgovernment of the nationalities and regions of which it is composed and the solidarity among them all”).Google Scholar

⁴³ See Martinez-Herrera, supra note 39, at 8; see also Spanish Constitution, Article 2 (emphasis added).Google Scholar

⁴⁴ See supra note 43Google Scholar

⁴⁵ See Morag Goodwin, From Province to Protectorate to State? Speculation on the Impact of Kosovo's Genesis upon the Doctrine of International Law, 8 German Law Journal 1 (2007), available at http://www.germanlawjournal.com/pdfs/Vol08No01/PDF_Vol_08_No_01_1-20_SI_Goodwin.pdf (“So the argument runs, where a State is oppressive or refuses to allow for any form of internal self-determination, the principle of territorial integrity might be pushed aside and the right of a people to self-determination may justify unilateral secession.”), see also ‘safeguard clause’ of the 1970 Declaration in the 1993 Vienna Declaration, United Nations World Conference on Human Rights, Vienna Declaration and Programme of Action, (14–25 June 1993) 32 ILM 1661, 1665, available online at http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.conf.157.23.en (discussing where a state fails to provide meaningful autonomy where States fail “to conduct… themselves in compliance with the principle of equal rights and self-determination of peoples… [being] thus possessed of a government representing the whole people belonging to the territory without distinction as to race, creed, or colour.”).Google Scholar

⁴⁶ See Martínez-Herrera, supra note 39, at 18–23.Google Scholar

⁴⁷ See Spain in fresh Kosovo statement, B92 News, July 24, 2010, available at http://www.b92.net/eng/news/politics-article.php?yyyy=2010&mm=07&dd=24&nav_id=68664 (“The Spanish government will remain of the opinion that it does not recognize the seceded Serbian province as an independent country”). See also Europe split on Kosovo independence, Euractiv.com, Feb. 18, 2008, available at http://www.euractiv.com/en/enlargement/europe-split-kosovo-independence/article-170353 (discussing positions of various nations including Spain: “The Spanish government, which has long been confronted with Basque and Catalan nationalists, reiterated: ‘We do not support a UDI.’ Deputy Prime Minister Maria Teresa Fernandez de la Vega added: ‘It should have been in agreement with the various parties, which is not the case, or in line with international standards, that is to say with a (UN) Security Council resolution.”').Google Scholar

⁴⁸ See Martínez-Herrera, supra note 39, at 17Google Scholar

⁴⁹ See Marko Attila Hoare, The ICJ ruling—a blow for freedom, Bosnian Institute News, July 30, 2010, available at http://www.bosnia.org.uk/news/news_body.cfm?newsid=2755 (referring to the outspoken opposition to this particular ICJ Advisory Opinion, the author writes: “[T]he disquiet is felt by brutal or undemocratic states that oppress their own subject peoples, and wish to continue to do so without fear that their disgraceful behavior might eventually result in territorial loss.”).Google Scholar

⁵⁰ See Ferran Requejo, Revealing the dark side of traditional democracies in plurinational societies: the case of Catalonia and the Spanish ‘Estado de las Autonomías, 16 Nations and Nationalism 148, 155, 159–60 (2010) (discussing the reform of the Statute of Catalonia). See also Salvador Garcia-Ruiz, The Spanish Constitutional Court ruling on the Catalan Statute and its political implications, Collectiu Emma, July 1, 2010, available at http://emmacol-cat.blogspot.com/2010/07/spanish-constitutional-court-ruling-on.html (last visited 10 Aug. 2010).Google Scholar

⁵¹ See Garcia-Ruiz, supra note 50.Google Scholar

⁵² Id. See also A Nationality, not a Nation: The constitutional court limits Catalonia's powers, The Economist, July 3, 2010, at 50, available at http://www.economist.com/node/16490065?story_id=16490065 (last visited 14 Aug. 2010).Google Scholar

⁵³ See supra note 52.Google Scholar

⁵⁴ See supra note 52.Google Scholar

⁵⁵ Martínez-Herrera, supra note 39, at 9.Google Scholar

⁵⁶ See supra note 47 (“She [Deputy Prime Minister De la Vega] said that any kind of parallel drawn between the situation between Serbia and Kosovo and between Spain and Catalonia is ‘unrealistic.”').Google Scholar

⁵⁷ See The Hague Portal, ICJ rules on Kosovo's Declaration of Independence: The International Court of Justice finds that the declaration of independence of Kosovo did not violate international law, Hague Academic Coalition, July 22, 2010, available at http://www.haguejusticeportal.net/smartsite.html?id=11906 (also notes that the ICJ initially considered the legality of declarations of the prohibition of the use of force and principle of territorial integrity as confined to the relations between the States, also discusses the contrast of Kosovo's situation to previous ICJ condemnations of UDIs and how those cases were determined illegal in character because of their direct connection with unlawful use of force and other serious violations of international norms of jus cogens character). See also Kosovo Decision, supra note 1.Google Scholar

⁵⁸ See Gaspar Pericay Coll, Catalan nationalist parties react to the international recognition of Kosovo's independence, Catalan News Agency, Jan. 23, 2010, available at http://beta.catalannewsagency.com/tabid/78/ID/521/Catalan-nationalist-parties-react-to-the-international-recognition-of-Kosovos-independence.aspx. (“[I]nsisting on not recognising Kosovo stresses the implicity parallelism that the Spanish Government fears. Besides, Catalan nationalist parties do not see a clear parallelism between both cases.”).Google Scholar

⁵⁹ Martínez-Herrera, supra note 39, at 14.Google Scholar

⁶⁰ Id. at 15.Google Scholar

⁶¹ Id. Google Scholar

⁶² Id. Google Scholar

⁶³ See The Ibarretxe Plan: Grave menace to the Economy of the Basque Country?, Universia Knowledge@Wharton Nov. 21, 2003, available at http://www.wharton.universia.net/index.cfm?fa=viewfeature&id=686&language=english (last visited 12 Aug. 2010).Google Scholar

⁶⁴ W. Rodman, John Bolton & Lawrence Eagleburger, Warning Light on Kosovo, The Washington Times, Brookings Institute, Jan. 31, 2008, available at http://www.brookings.edu/opinions/2008/0131_kosovo_rodman.aspx. (“The Kosovo model already has been cited by supporters of the Basque separatist movement in Spain and Turkish-controlled area of northern Cyprus.”).Google Scholar

⁶⁵ See Reaction in quotes: UN legal ruling on Kosovo, BBC News, July 22, 2010, available at http://www.bbc.co.uk/news/world-europe-10733837.Google Scholar

⁶⁶ See Kosovo Decision, supra note 1, at 3 (refer to p.19 (#51), and p. 31 (#83)).Google Scholar

⁶⁷ See The Hague Portal, ICJ rules on Kosovo's Declaration of Independence: The International Court of Justice finds that the declaration of independence of Kosovo did not violate international law, Hague Academic Coalition, July 22, 2010, available at http://www.haguejusticeportal.net/smartsite.html?id=11906.Google Scholar

⁶⁸ See Philip Gordon, International Court of Justice Advisory Opinion on Kosovo's Declaration of Independence, UNITED STATES Department of State, Telephonic Press Conference, July 23, 2010, available at http://www.state.gov/p/eur/rls/rm/2010/145104.htm; Hillary Rodham Clinton, Release of International Court of Justice Advisory Opinion on Kosovo's Declaration of Independence, UNITED STATES Department of State, Official Statement, July 22, 2010, available at http://www.state.gov/secretary/rm/2010/07/145042.htm (“The International Court of Justice agreed today issued its advisory opinion and decisively agreed with the longstanding view of the United States that Kosovo's declaration of independence is in accordance with international law;” also declared, “Kosovo is an independent state and its territory is inviolable.”).Google Scholar

⁶⁹ See supra note 68 and accompanying text.Google Scholar

⁷⁰ See Borgen, supra note 11 (cites the Russian Parliament's statement regarding the ICJ opinion as a reason for why separatist movements may cite the ICJ holding: “The right of nations to self-determination cannot justify recognition of Kosovo's independence along with the simultaneous refusal to discuss similar acts by other self-proclaimed states, which have obtained de facto independence exclusively by themselves); see also Nicholas Kulish and C.J. Chivers, Kosovo Is Recognized but Rebuked by Others, NY TIMES (Feb 19, 2008) available at http://www.nytimes.com/2008/02/19/world/europe/19kosovo.html?pagewanted=2&hp.Google Scholar

⁷¹ Id. (“So long as the question of status and sovereignty and territorial integrity are clear, I think there are plenty of things these two governments can constructively talk about…”).Google Scholar

⁷² To view the official statements of the countries who recognize Kosovo, please see Kosovo Thanks You, available at http://www.kosovothanksyou.com/ (last visited 15 Aug. 2010).Google Scholar

⁷³ Borgen, supra note 11.Google Scholar

⁷⁴ See European Union Official Statement by EU High Representative Catherine Ashton, “Declaration by High Representative Catherine Ashton on behalf of the European Union on the ICJ advisory opinion,” 12516/10, Brussels (22 July 2010), available in pdf format at http://www.eutrio.be/files/bveu/media/documents/07-22_Statement_ICJ_CA_EN.pdf (states that the EU is “studying it [the ICJ opinion] with great care… [T]he focus should now be on the future. The future of Serbia lies in the European Union. The future of Kosovo also lies in the European Union. This is in line with the European perspective of the region and the relevant Council conclusions… good neighbourly relations, regional cooperation and dialogue are the foundations on which the EU is built… [T]he process of dialogue in itself [between Pristina and Belgrade] would be a factor for peace, security and stability in the region.”).Google Scholar

⁷⁵ Steven Woehrel, Serbia: Current Issues and UNITED STATES Policy, 7-5700, RS22601 Congressional Research Service (Report for Congress), 2, 7 (12 April 2010), available at http://fpc.state.gov/documents/organization/142747.pdf (discussing Serbia's path to the EU and how progress of Serbia's integration into the EU has been hindered by a failure to arrest remaining indicted independence of Serbia's Kosovo province).Google Scholar

⁷⁶ Id. at 7.Google Scholar

⁷⁷ Id. Google Scholar

⁷⁸ Id. at 7; see also EU Official Statement, supra note 74.Google Scholar

⁷⁹ See Goodwin, supra note 45, at 17 (discussing the support for either sovereignty or an independent Kosovo (citing Martti Koskenniemi, The Police in the Temple—Order, Justice and the U.N.: A Dialectical View 6 EJIL 334 (1995); Jason A. Beckett, Rebel Without a Cause? Koskenniemi and the Critical Legal Project, 7 German Law Journal 1045 (2006); available at http://www.germanlawjournal.com/pdf/Vol07No12/PDF_Vol_07_No_12_1045-1088_SI_Beckett.pdf, commenting on Koskenniemi's work in this area).Google Scholar

⁸⁰ See id. Google Scholar

⁸¹ See Warning Light on Kosovo, supra note 64 (“Current United States policy relies on the unconvincing claim that Kosovo is ‘unique’ and would set no precedent for other troublespots. Of course every conflict has unique characteristics. However, ethnic and religious minorities in other countries already are signaling their intention to follow a Kosovo example.”).Google Scholar

⁸² Id. (“Recognition of Kosovo's independence without Serbia's consent would set a precedent with far-reaching and unpredictable consequence for many other regions of the world.”).Google Scholar