Esej: Commentary on Advisory Opinion of 22 July 2010 of the International Court of Justice on the question: “Is the unilateral declaration of independence by the Provisional Institutio

Komentár na stanovisko Medzinárodného súdneho dvora vo veci vyhlásenia nezávislosti Kosova.

1. Introduction

I would like to start my commentary with the citation of Björn Arp who said that this „advisory opinion might not enter into the judicial history of the court for its answer to this qestion, but rather for what it did not say“. 

Before International Court of Justice (thereinafter ICJ) issued its controversial advisory opinion, the Office of the Legal Adviser representing the United States in oral arguments before the ICJ had published very clear statement which presented how should ICJ solve this issue: „The Court may answer the question posed to it and opine that international law did not prohibit Kosovo's Declaration of Independence, without addressing other political situations or complex issues of self-determination raised by a number of States in these proceedings“