Nikitas wrote:The cases of Kossovo and Cyprus would have been similar if they shared a vital common link which is missing in Kossovo- invasion and occupation. No other state invaded Kossovo, the Albanian Kossovars revolted and they declared UDI.
The declaratio of the court does not diminish the rights of Serbia over its territory and more importantly it does not diminish any of the individual rights of the Serb inhabitants of Kossovo to their property.
In case of recognition, one could say that Serbs who lost their rights in Kossovo could take their cases to each domestic jurisdiction of each state that recognises Kossovo and demand compensation for their loss. In some jurisdictions they might lose, in some they will win. Recognition, being a vital element of statehood, carries responsibilities.
The Kossovars for obvious reasons have not sought to upset the property structure of Kossovo nor have they made any overt moves towards establishing a monocommunal society. They are clever enough to pay lip service to all the usual European ideals of multiculturalism and racial tolerance. What the Serbs and the Roma have to endure in Kossovo is another story.
CBBB wrote:ICJ rules for Kosovo independence declaration
The United Nations' International Court of Justice has deemed Kosovo’s 2008 declaration of independence from Serbia to be legal.
International law has no “prohibition on declarations of independence,” ICJ’s President Hasashi Owadi said announcing the opinion Thursday.
The decision, while nonbinding, makes way for Kosovo to seek broader international recognition of its statehood, which the U.S. and some 68 other countries have already recognized, while Serbia, Russia, China, Greece, Cyprus, Iran, Israel, and some 100 other countries have not.
Vice President Joe Biden called Serbian President Boris Tadic on Thursday in anticipation of the ICJ decision.
“The two leaders discussed the upcoming issuance of the advisory opinion of the International Court of Justice on Kosovo’s declaration of independence,” a read-out of the call said. “The vice president affirmed the United States’ full support for a democratic and multi-ethnic Kosovo, and he reiterated the United States’ unwavering commitment to Kosovo’s sovereignty and territorial integrity. He urged the Serbian government to work constructively to resolve practical issues with Kosovo to improve the lives of the people of Kosovo, Serbia, and of the region.”
The ICJ opinion is "something really positive — for the first time," Belgrade-based human rights activist Sonja Biserko, of the Helsinki Committee for Human Rights, told POLITICO in an e-mail. "Finally, [a] breakthrough."
But the Financial Times' Gideon Rachman notes that while the ICJ declared Kosovo's declaration of independence to be legal, "it has not pronounced on the legality of secession as such."
"This feels to me like an evasion," Rachman writes. "Common sense and the norms of free speech suggest that, of course, they are allowed to proclaim their independence. The question is whether the rest of us should recognise an independent Kosovo as a legal entity."
http://www.politico.com/blogs/lauraroze ... egal_.html
Kikapu wrote:One thing is to declare an Independence, legal or not, deemed by the ICJ and the other to be deemed legal or illegal by the UN and the International community. Anyone can declare independence if they can, but what good does it do when it falls on deaf ears, as the case is with the "trnc". Surely the Palestinians too can declare independence if they wanted and the ICJ would deem it also to be legal, but how would the Palestinians benefit from such an act in real value.? Obviously they have not declared independence for a very good reason. I can also declare my sail boat to be an independent country, whether I'm in port in some country or at sea, and the ICJ will deem it to be legal no doubt. So what.?? What have I gained with such a declaration when the UN and the International community ignores me.??
So basically what the ICJ has said is, that "a man can be an Island" after all.!
Kikapu wrote:One thing is to declare an Independence, legal or not, deemed by the ICJ and the other to be deemed legal or illegal by the UN and the International community. Anyone can declare independence if they can, but what good does it do when it falls on deaf ears, as the case is with the "trnc". Surely the Palestinians too can declare independence if they wanted and the ICJ would deem it also to be legal, but how would the Palestinians benefit from such an act in real value.? Obviously they have not declared independence for a very good reason. I can also declare my sail boat to be an independent country, whether I'm in port in some country or at sea, and the ICJ will deem it to be legal no doubt. So what.?? What have I gained with such a declaration when the UN and the International community ignores me.??
So basically what the ICJ has said is, that "a man can be an Island" after all.!
Murataga wrote:Kikapu wrote:One thing is to declare an Independence, legal or not, deemed by the ICJ and the other to be deemed legal or illegal by the UN and the International community. Anyone can declare independence if they can, but what good does it do when it falls on deaf ears, as the case is with the "trnc". Surely the Palestinians too can declare independence if they wanted and the ICJ would deem it also to be legal, but how would the Palestinians benefit from such an act in real value.? Obviously they have not declared independence for a very good reason. I can also declare my sail boat to be an independent country, whether I'm in port in some country or at sea, and the ICJ will deem it to be legal no doubt. So what.?? What have I gained with such a declaration when the UN and the International community ignores me.??
So basically what the ICJ has said is, that "a man can be an Island" after all.!
You`d be surprised at how much you`d gain when 68 states and the ICJ recognize you as an official state.
CopperLine wrote:Kikapu wrote:One thing is to declare an Independence, legal or not, deemed by the ICJ and the other to be deemed legal or illegal by the UN and the International community. Anyone can declare independence if they can, but what good does it do when it falls on deaf ears, as the case is with the "trnc". Surely the Palestinians too can declare independence if they wanted and the ICJ would deem it also to be legal, but how would the Palestinians benefit from such an act in real value.? Obviously they have not declared independence for a very good reason. I can also declare my sail boat to be an independent country, whether I'm in port in some country or at sea, and the ICJ will deem it to be legal no doubt. So what.?? What have I gained with such a declaration when the UN and the International community ignores me.??
So basically what the ICJ has said is, that "a man can be an Island" after all.!
Kikapu,
The PLO did declare independence and then under the PA that was recanted and is in fact a key piece of PA strategy regarding the so-called peace process.
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