Nollkaemper: The Court and Its Multiple Constituencies: Three Perspectives on the Kosovo Advisory Opinion

André Nollkaemper (Univ. of Amsterdam - Law) has posted The Court and Its Multiple Constituencies: Three Perspectives on the Kosovo Advisory Opinion (in The Law and Politics of the Kosovo Advisory Opinion, Marko Milanovic & Michael Wood eds., forthcoming). Here's the abstract:

This paper assesses the Kosovo Advisory Opinion as an attempt by the ICJ to maintain its authority vis-à-vis multiple constituencies on which the Court to some extent is dependent. The Court controversial interpretation of SC Resolution 1244 and its neglect of questions of secession and self-determination allowed it to protect the interests of key constituencies. The fact that Kosovo appeared to benefit most is best understood as a side-effect of the Court´s decision to serve its longer-term interests. However, this strategy came with a price. The Opinion may fuel secessionist attempts, and moreover could jeopardize future international arrangements to stabilize war-torn societies if the relevant actors were to realize that they can always unilaterally pull out of such arrangements, even if they have been blessed by the Security Council.