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DUE DILIGENCE AND THE LIMITATIONS OF A POSITIVIST CONCEPTION OF GENERAL
PRINCIPLES OF LAW

 * February 22, 2021
 * Patrick Corcoran
 * Online Annotation
 * 0 Comments

An annotation by Philip Dalgarno, Staff Editor PDF version available here. I.
Introduction Among the canonical sources of international law listed in Article
38 of the Statute of the International Court of Justice, General Principles of
Law (GPLs) have long…

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COHEN ON HUMAN RIGHTS IN CHINA

 * August 5, 2010
 * Cole Rabinowitz
 * 
 * 9 Comments

On Saturday, the New York Times published an interview with NYU Professor Jerome
A. Cohen regarding legal developments in China and the country's human rights
record.  From the interview: “There are now some 200,000 judges, close to
180,000 prosecutors, roughly…

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THE EFFECTS OF THE ICJ DECISION ON KOSOVO (IF ANY) ON THE “FROZEN CONFLICTS” OF
THE FORMER SOVIET UNION

 * July 24, 2010
 * Cole Rabinowitz
 * 
 * 3 Comments

by Graham Dumas (J.D. Candidate 2011)

Note: This is a cross-post from my Russia-specific blog, Onion Domes and
Oligarchs.

That yesterday’s advisory opinion by the International Court of Justice,
Accordance with International Law of the Unilateral Declaration of Independence
in Respect of Kosovo, was decided on extremely narrow grounds has already been
noted elsewhere in the blogosphere. Further, its status as an advisory opinion
of course means that it is non-binding (though widely respected) and pertains
only to the question asked of the Court by the U.N. General Assembly.

Nevertheless, it may be interesting to apply to the context of the frozen
conflicts in the former Soviet Union some of the principles discussed in and
generated by the Court’s Kosovo opinion. After all, political leaders in Moscow
have frequently (and threateningly) cited Kosovo as a precedent for the
independence of Abkhazia and South Ossetia, despite the obvious and numerous
differences between these cases. A brief bit of analysis after the jump.

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ICJ RULES ON KOSOVO INDEPENDENCE

 * July 23, 2010
 * Cole Rabinowitz
 * 
 * 7 Comments

The International Court of Justice today held that international law did not
prohibit Kosovo’s declaration of independence, while sidestepping the larger
issue of Kosovo’s statehood.  All of the opinions can be found here, but we are
happy to host the opinion of the court on this JILP Forum, since the ICJ’s site
has been difficult to access as of late.

In a way, as Chris Borgen notes at Opinio Juris, this result should not come as
a surprise, since international law generally does not seem to have much to say
about declarations of independence.  The Court sidesteps the trickier problem of
the lex specialis created by S.C. Res. 1244 (and the subsequent Constitutional
Framework adopted by UNMIK) by holding that the declaration did not constitute
an act of one of the Provisional Institutions of Self-Government.  This lays the
groundwork for the Court to conclude that the declaration essentially took place
outside the scope of S.C. Res. 1244 and the framework.  Preliminary thoughts
after the jump.

Read More→
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About JILP

New York University Journal of International Law and Politics (JILP) is a
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international and comparative law. Founded in 1968 with the aid of a Ford
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Politics features articles on international legal topics by leading scholars and
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Latest Posts
 * The Right to (Pry)-vacy: Understanding India’s Dystopian Data Protection
   Legislation
 * Legal Activism or Ex-Post Justice?
 * Debating Deadlock: Reconsidering the Security Council Veto Power
 * What Does it Mean for International Law to be Real? Some Reflections on
   ‘Putin Can’t Destroy the International Order by Himself’
 * Pacta Sunt Servanda and the (Re?) Negotiation of the JCPOA


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 * Home
 * About
   * Executive Board
   * Masthead
   * Past Mastheads
   * Alumni
   * Joining JILP
 * Print Edition
   * Volume 56
   * Volume 55
   * Volume 54
   * Volume 53
   * Volume 52
   * Volume 51
   * Volumes 50 – 41
   * Volumes 40 – 31
   * Volumes 30 – 23
   * Submissions
   * Notes Program
   * Subscriptions
 * JILP Online
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     * Online Forum Archive
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   * 2021-2022 Symposium
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