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2011•SSRN Electronic JournalOpen access

The Legal Effects of United Nations Resolutions in the Kosovo Advisory Opinion

Marko Divac Öberg

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Abstract

In its advisory opinion on Kosovo’s declaration of independence the International Court of Justice significantly developed its jurisprudence on the legal effects of United Nations resolutions. The Court excluded itself from the binding effect of factual determinations made in a General Assembly resolution, dealt with non-state addressees of obligations contained in Security Council resolutions and the modalities of terminating their effects, and validated the delegation of the Security Council’s tremendous powers through its resolutions.

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What this paper is about

In its advisory opinion on Kosovo’s declaration of independence the International Court of Justice significantly developed its jurisprudence on the legal effects of United Nations resolutions. The Court excluded itself from the binding effect of factual determinations made in a General Assembly resolution, dealt with non-state addressees of obligations contained in Security Council resolutions and the modalities of terminating their effects, and validated the delegation of the Security Council’s tremendous powers through its resolutions.

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Available abstract

In its advisory opinion on Kosovo’s declaration of independence the International Court of Justice significantly developed its jurisprudence on the legal effects of United Nations resolutions. The Court excluded itself from the binding effect of factual determinations made in a General Assembly resolution, dealt with non-state addressees of obligations contained in Security Council resolutions and the modalities of terminating their effects, and validated the delegation of the Security Council’s tremendous powers through its resolutions.

Key concepts: Advisory opinion, Security council, Political science, Law, General assembly, International court, Jurisprudence, State (computer science)

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