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Chinese Journal of International Law Advance Access originally published online on May 14, 2009
Chinese Journal of International Law 2009 8(2):285-290; doi:10.1093/chinesejil/jmp008
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© The Author 2009. Published by Oxford University Press. All rights reserved

AGORA: KOSOVO (PART 2)

The Kosovo UDI between Agreed Law and Subjective Perception: A Response to Hilpold

Alexander Orakhelashvili*

Correspondence: * LLM cum laude (Leiden), PhD (Cantab.); Visiting Fellow, British Institute of International and Comparative Law (email: a.orakhelashvili{at}biicl.org). This article was completed on 15 April, 2009.

Just like any other important international controversy, the Unilateral Declaration of Independence in Kosovo raises multiple aspects of the relationship between law, fact and politics on the international plane. Diverse outcomes and solutions could be suggested from a theoretical perspective, with different options for balancing the importance of legal, factual and political factors. However, making an international legal argument on the independence claim of Kosovo requires that argument to be based on the verifiable set of qualified evidence pointing to the acceptance of the pertinent position by the international society of States. Over-theorizing the Kosovo question detaches its analysis from the international legal argument.


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