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Reflections On The Icj Advisory Opinion On Kosovo: Interpreting Security Council Resolution 1244 (1999), Sean D. Murphy
Reflections On The Icj Advisory Opinion On Kosovo: Interpreting Security Council Resolution 1244 (1999), Sean D. Murphy
GW Law Faculty Publications & Other Works
In its 2010 advisory opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, the International Court of Justice was called upon to interpret the meaning and legal effects of Security Council Resolution 1244, which had authorized the deployment of international military forces and civilian administration into Kosovo in the aftermath of NATO’s 1999 bombing campaign against Serbia. The Court’s treatment of Resolution 1244 entailed a rich mosaic of issues, some of which were specific to the situation of Kosovo, but others that have ramifications for the interpretation and application of Security Council …
Self-Determination In Regional Human Rights Law: From Kosovo To Cameroon, Dinah L. Shelton
Self-Determination In Regional Human Rights Law: From Kosovo To Cameroon, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This article discusses the right to self-determination in Africa and America and begins by examining the right to self-determination in regional human rights treaties. No treaty in the Inter-American system provides a right to self-determination; however, the African Charter provides a right to self-determination, which I attribute to its history of colonization and apartheid. Next, the article describes secession claims made in Africa, starting in 1995 and discusses self-determination of indigenous and tribal groups by analyzing case law from the Inter-American system and the African Commission. The article concludes that these regions have established the framework for self-determination and must …