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The Unilateral Declaration of Independence by Kosovar authorities in Pristina in 2008 has generated heavy legal and political controversies. The delivery by the International Court of Justice of its advisory opinion on Kosovo unilateral declaration of independence in 2010 has not led to the elimination of unilateralist positions as to Kosovo's status. Such unilateralist approach, favouring Kosovo's independence either in principle or in practice, has since been adopted by the local Kosovar authorities, a number of governments and by the European Union. This contribution addresses the merit of such unilateralist positions and examines whether these positions could adversely affect the legal position as to Kosovo's status under general international law as well as un Security Council resolution 1244 (1999). [ABSTRACT FROM AUTHOR]

In the aftermath of the Ukrainian Revolution, Ukraine's autonomous region of Crimea declared independence and filed an application to subsequently join the Russian Federation. In seeking to justify these acts, both the Crimean authorities and the Russian Federation referred to international law, including the International Court of Justice's Advisory Opinion on Kosovo's unilateral declaration of independence. In this Advisory Opinion, the Court indeed found that the principle of territorial integrity merely applies in the relationship between States and concluded that general international law does not contain a prohibition on unilateral declarations of independence. These findings and the interpretation of the Advisory Opinion as put forward by the Crimean and Russian authorities, however, raise pertinent questions. This article therefore aims to shed light on the scope of the principle of territorial integrity of States and its implications for the legality of and perceived legal neutrality concerning unilateral secession under international law. [ABSTRACT FROM AUTHOR]