MercoPress. South Atlantic News Agency
UN Court ruling props “self determination”, contains “territorial integrity”
The independence of Kosovo, test case for peoples of non self governing territories An International Court of Justice ruling, that Kosovo (in the Balkans) did not violate international law when it claimed secession from Serbia in February 2008, may have implications for territories caught in territorial sovereignty disputes such as Gibraltar, it has emerged.
Following the decision, the European Union urged Serbia and Kosovo to improve their relations to bolster their chances of joining the EU.
The advisory opinion, requested by the United Nations General Assembly and issued a fortnight ago by the International Court of Justice, considered the legality of Kosovo's independence.
It notes that “during the second half of the twentieth century the international law of self-determination developed in such a way as to create a right to independence for the peoples of non-self-governing territories”.
It also concludes that “the scope of the principle of territorial integrity is confined to the sphere of relations between States”, thus indicating that the principle of territorial integrity does not impinge on the international law of self-determination and the right to independence.
The UN court ruling, whilst not legally-binding, could mean more will be added to the list of sixty-nine countries that have already recognised Kosovo's independence. But Spain has reportedly argued that it may also encourage other separatist movements worldwide.
International Court of Justice President Hisashi Owada said international law “contains no applicable prohibition” of Kosovo's declaration of independence.
Russia, China and five EU states including Spain support Belgrade's position, whilst the US, Turkey and twenty EU states are in favour of Kosovo's independence.
Serbia's prime minister had stated that the country would sacrifice the prospect of EU membership given the choice between that or re-gaining sovereignty over Kosovo which is already a member of the International Monetary Fund and the World Bank but has yet to be accepted as a member of the UN General Assembly.
Aitor Estaban Basque nationalist MP (PNV) saw the ruling as paving the way for similar independence moves.
“I think that the main consequence is that Spain cannot keep saying that the international rules don't allow for a split of the country for a new Basque independent country in the European Union,” he told the BBC.
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Read all commentsDoes anyone know which Russia five EU states support Belgrade's position, and which twenty EU states are in favour of Kosovo's independence?
Aug 03rd, 2010 - 07:44 pm 0Well well this is a turn of the books! If I read that correctly Territorial Integrity cannot take precedence of even apply to countries or territories who so desire to have an act of self-determination.
Aug 03rd, 2010 - 08:17 pm 0I wonder if ex Foreign secretary Taiana would be so kind as to eat his own words:
“if we were to recognize Kosovo, which has declared its independence unilaterally, without an agreement with Serbia, we would set a dangerous precedent that would seriously threaten our chances of a political settlement in the case of the Falkland Islands, Kosovo's declaration of independence breaches an obligation to respect the territorial integrity of Serbia, the obligation of peaceful settlement of disputes and principle of non-intervention. The resolution has no legal basis in the principle of self-determination,”
I give it a very short time before the the Malvinist's try to play down the significance of such a ruling.
Bang goes Territorial Integrity card! Looks Argentina is left with the flawed and faulty history :)
Paul in answer to your question: Spain, Greece, Romania, Cyprus, Slovakia.
The rest of the EU have all recognised Kosovo.
No surprise with Greece, Spain and Cyprus who all have irredentist claims and issues with significant autonomy movements, Romania because they hate Albanians, and Slovakia because they are just bitter at being kicked out by the Czechs.
Forthcoming victory for the Falkland Islands. Hurray!!!
Aug 03rd, 2010 - 09:19 pm 0Self-determination overrules territorial integrity, although how an archipelago can be integral to a mainland state escapes me.
Rule Britannia (and her Overseas Territories). Right all the time!!
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