The advisory opinion of the International Court of Justice about Kosovo of July 22, 2010: A judicial sui generis interpretation for a case that it is not. The clause of the Resolution 2625 (XXV) and the “remedial secession”

Abstract

In the author's opinion, pressured by the fear of the States to be extrapolated the decision to other contexts all around the world, in which there are secessionist claims, the Court has squandered a unique opportunity to rule on the current scope of two key principles of contemporary international law: territorial integrity of States and self-determination of peoples. This article defends the right of self-determination of Kosovo, under the safeguard clause in Resolution 2625 (XXV) of the General Assembly of the United Nations, as “remedial secession”, and does not consider that it is a sui generis case, but an exception to the general principle applies wherever a State prevents the exercise of internal self-determination of a people living in its territory