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Chinese Journal of International Law Advance Access originally published online on January 26, 2009
Chinese Journal of International Law 2009 8(1):47-61; doi:10.1093/chinesejil/jmn042
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© The Author 2009. Published by Oxford University Press. All rights reserved

AGORA: KOSOVO

The Kosovo Case and International Law: Looking for Applicable Theories

Peter Hilpold*

Correspondence: * Professor, Innsbruck University, Austria (email: peter.hilpold{at}uibk.ac.at). This paper was completed on 30 November 2008.

The Kosovo problem represents a formidable occasion to re-examine some basic tenets of international law, such as the so-called right to humanitarian intervention, the right to self-determination and the right of recognition. It will be shown here, however, that many proposals suggesting the need of a radical departure from traditional positions are ill-conceived. Nonetheless, it is the uniqueness of many facets of the Kosovo problem that requires the analyst to look for new solution. It is now up to the International Court of Justice to show the way in a politically much loaded case. In particular, the right to self-determination should find a re-interpretation corresponding to the needs of the twenty-first century.


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