Sunday, March 9, 2014

Great quote - independence


 "... the General Assembly has asked whether the declaration of independence was “in accordance with” international law.The answer to that question turns on whether or not the applicable inter-national law prohibited the declaration of independence. If the Court concludes that it did, then it must answer the question put by saying that the declaration of independence was not in accordance with international law. It follows that the task which the Court is called upon to perform is to determine whether or not the declaration of independence was adopted in violation of international law. The Court is not required by the question it has been asked to take a position on whether international law conferred a positive entitlement on Kosovo unilaterally to declare its independence or, a fortiori, on whether international law generally confers an entitlement on entities situated within a State unilaterally to breakaway from it. Indeed, it is entirely possible for a particular act — such asa unilateral declaration of independence — not to be in violation of inter-national law without necessarily constituting the exercise of a right conferred by it. The Court has been asked for an opinion on the first point,not the second..."

- International Court of Justice Advisory Opinion of 22nd July 2010  The ICJ concluded that nothing specific  in international law prohibited the Kosovo declaration of independence.

"The proposed referendum on the future of Crimea would violate the Ukrainian constitution and violate international law

- President Obama, see Obama: Crimea Referendum Would Violate International Law. No specifics or particular law actually cited...

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