United Nations General Assembly Resolution 64/298: Request for an Advisory Opinion of the International Court of Justice on Whether the Unilateral Declaration of Independence of Kosovo is in Accordance with International Law

This paper deals with the United Nations General Assembly Resolution 64/298, titled Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law. In particular, it discusses (1) the key contents and features of the United Nations General Assembly Resolution 64/298; and (2) the effects of Resolution 64/298. This Resolution, built upon a compromise that was essentially dictated by the EU, offered a constructive response to an authoritative advisory opinion requested from the ICJ. This constructiveness and the broader elements of legitimacy and effect are mirrored in the consensus exhibited by all UN Member States. Ultimately, the GA showed no interest in reopening the status issue, as there was neither an expressed nor implied requirement from the Court to that effect. There was even less enthusiasm in reinterpreting or rejecting the outcome of the Court’s advisory opinion in any way. In this sense, the GA complied with the Court’s findings, an indication of the GA’s satisfaction with the outcome and the ICJ’s answer to the question the GA had asked it.