国际法院对科索沃问题的咨询意见.docVIP

TABLE OF CONTENTS Paragraphs Chronology of the procedure 1–16 I. Jurisdiction and discretion 17–48 A. Jurisdiction 18–28 B. Discretion 29–48 II. Scope and meaning of the question 49–56 III. Factual background 57–77 A. Security Council resolution 1244 (1999) and the relevant UNMIK regulations 58–63 B. The relevant events in the final status process prior to 17 February 2008 64–73 C. The events of 17 February 2008 and thereafter 74–77 IV. The question whether the declaration of independence is in accordance with international law 78–121 A. General international law 79–84 B. Security Council resolution 1244 (1999) and the UNMIK Constitutional Framework created thereunder 85–121 1. Interpretation of Security Council resolution 1244 (1999) 94–100 2. The question whether the declaration of independence is in accordance with Security Council resolution 1244 (1999) and the measures adopted thereunder 101–121 (a) The identity of the authors of the declaration of independence 102–109 (b) The question whether the authors of the declaration of independence acted in violation of Security Council resolution 1244 (1999) or the measures adopted thereunder 110–121 V. General conclusion 122 Operative Clause 123 ___________ INTERNATIONAL COURT OF JUSTICE YEAR 2010 2010 22 July General List No. 141 22 July 2010 ACCORDANCE WITH INTERNATIONAL LAW OF THE UNILATERAL DECLARATION OF INDEPENDENCE IN RESPECT OF KOSOVO Jurisdiction of the Court to give the advisory opinion requested. Article 65, paragraph 1, of the Statute ? Article 96, paragraph 1, of the Charter ? Power of General Assembly to request advisory opinions ? Articles 10 and 11 of the Charter ? Contention that General Assembly acted outside its powers under the Charter ? Article 12, paragraph 1, of the Charter ? Authorization to request an advisory opinion not limited by Article 12. Requirement that the question on which the Court is requested to give its opinion is a “legal question” ? Contention that the act of making a