Rosenne's Law and Practice of the International Court: 1920-2015

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The Legal Effect of an Advisory Opinion
(2 418 mots)

paragraph 415 in volume 3, chapter 30, Advisory Proceedings

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In the Kosovo case, the Court underlined the relationship between law and politics in so far as a particular case may be concerned. It stated that:

The Court has repeatedly stated that the fact that a question has political aspects does not suffice to deprive it of its character as a legal question (Application for Review of Judgement No. 158 of the United Nations Administrative Tribunal, Advisory Opinion, I.C.J. Reports 1973, p. 172, para. 14). Whatever its political aspects, the Court cannot ref…

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Malcolm N. Shaw, “The Legal Effect of an Advisory Opinion”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 28 March 2024 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0415>
Première publication en ligne: 2017
Première édition imprimée: 20161001



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