I am proposing to research the effects of state recognition practices after the International Court of Justice opinion on the independence of Kosovo because I want to find out the impact this had on the use of self-determination to understand the different ways that states use recognition practices.[1]
Overall, the general conclusion on the ruling from the ICJ is that the declaration of independence from Kosovo was legal.[2] But, the ICJ never states anything on if Kosovo was a legal state under international law. The wording through the ruling is incredibly precise trying to balance this very tight line of making sure that they are getting their point across. The ruling left many questions to be answered since Kosovo’s independence came off the idea of self-determination. This is essentially the idea that those should be able to be ruled by who they want to be. This data source helps me understand the basics of the conversation around the court ruling and what the possible effects of it may be. The text represents the confusion that came into the initial conversation about the independence of Kosovo. But it ultimately helped ground Kosovo somewhat in being able to exist by itself due to their legal independence.
In the text, one of the most interesting aspects is analyzing the statements said during the public hearing part of the case. In this part, numerous states voiced their opposition or approval of the independence set forth by Kosovo. The wording of states is incredibly important as it helps to understand the ideas of how states view self-determination movements. States from all over the world helped set ground on what they believed was legal secession movements and some of the standards for being able to declare independence.
This text is connected to many other texts, practices, and discourses as it played a large role in influencing conversation around self-determination and recognition after it was released. A term that popped up was “Kosovo Precedent,” and it led to an idea of dangerous secessionist movements happening due to Kosovo having a legal declaration of independence based off self-determination.[3] Comprehending the effect that this court ruling has on the state system is very valuable into understanding the evolution of self-determination theory and state recognition practices.
[1] “Latest Developments, Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (Request for Advisory Opinion), International Court of Justice.” n.d. Accessed November 11, 2018. https://www.icj-cij.org/en/case/141.
[2] Bilefsky, Dan. 2010. “World Court Rules Kosovo Declaration Was Legal.” The New York Times, July 22, 2010, sec. Europe. https://www.nytimes.com/2010/07/23/world/europe/23kosovo.html.
[3] “Putin Calls Kosovo Independence ‘Terrible Precedent.’” n.d. Accessed November 11, 2018. https://www.smh.com.au/world/putin-calls-Kosovo-independence-terrible-precedent-20080223-gds2d5.html