The Political Aftermath of the ICJ's "Kosovo" Opinion

Papić, Tatjana (2015) The Political Aftermath of the ICJ's "Kosovo" Opinion. In: The law and politics of the Kosovo Advisory Opinion / edited by Marko Milanović and Michael Wood. Oxford University Press, Oxford, United Kingdom, pp. 240-267. ISBN 978-0-19-871751-5

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Abstract

This article will discuss political responses to the Advisory Opinion of the International Court of Justice (ICJ) on the declaration of independence of Kosovo. Firstly, it analyses how the opinion fitted into competing narratives on the independence of Kosovo. Secondly, it sheds light on the attempt of Serbia – pursued a week after the AO – to insist on the re-opening of the status negotiations with Kosovo through the United Nations General Assembly (UNGA). It will show how Serbia made a shift at the last moment to compromise with the EU states for the sake of its EU integrations ambitions. This resulted in the adoption of the UNGA Resolution welcoming the EU-led dialogue between Belgrade and Pristina. Thirdly, the article explores the current state of affairs between Serbia and Kosovo, attempting to understand what were the challenges and incentives that lead process forward. One of the agreements reached by the parties during these negotiations – on regional representation and cooperation – will be discussed in more detail. This is not only due to the fact that it explicitly refers to the ICJ’s AO on Kosovo, but also because its adoption and implementation are indicative of the process of the EU-leg dialogue. It also shows how the position of the parties can solidify or evolve and how potential EU membership dangling in front of the parties influenced the dynamics of their relations.

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