Kosovo precedent in the context of "Assembly of Kosovo"

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⭐ Core Definition: Kosovo precedent

On 17 February 2008, the majority of members of the Assembly of Kosovo, including Hashim Thaçi, and Fatmir Sejdiu (who were not members of the Assembly), not acting in the capacity of PISG, declared Kosovo an independent and sovereign state. Kosovo was soon recognized as a sovereign state by the United States, Turkey, Albania, Austria, Germany, Italy, France, the United Kingdom, the Republic of China (Taiwan), and others. This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case. The recognition of Kosovo's independence by 101 out of 193 UN states, according to many sources, has given fresh impetus to other separatist movements.

It is estimated that a total of 70 unrecognized nations and organizations use the Kosovo precedent to achieve their goals. Abkhazia and South Ossetia renewed their calls for the recognition of their sovereignty. Kosovo's independence also led to increased tensions in Bosnia and Herzegovina, where the Republika Srpska vetoed recognising Kosovo, and threatened to declare independence themselves.

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Kosovo precedent in the context of Advisory opinion on Kosovo's declaration of independence

Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo was a request in 2008 for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court.

The court delivered its advisory opinion on 22 July 2010; by a vote of 10 to 4, it declared that "the adoption of the declaration of independence of 17 February 2008 did not violate general international law because international law contains no 'prohibition on declarations of independence', nor did the adoption of the declaration of independence violate UN Security Council Resolution 1244, since this did not describe Kosovo's final status, nor had the Security Council reserved for itself the decision on final status." Reactions to the decision were mixed, with most countries which already recognised Kosovo hailing the decision and saying it was "unique" and does not set a precedent; while many countries which do not recognise Kosovo said they would not be doing so as such recognition could set a precedent of endorsing secession in other places.

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