Serbia is going to the World Court today to ask for an advisory opinion on the independence of Kosovo. The US and most of the EU has recognized a new Kosovar state; Russia, Serbia, and most of the rest of the world has not. The Serbian Foreign Minister observed that the decision to go to court marked a “paradigm shift…the first time in the history of the Balkans that somebody

has decided to resolve an issue of significance using exclusively peaceful means.” That’s a bit of a stretch. Serbia’s ambassador to France said that Kosovo’s declaration, as well as its recognition, “is a challenge to the international legal order, based as it is on the principles of state sovereignty and territorial integrity.” He’s right.

That’s really what’s at issue here. A Serbian friend of mine constantly reminded me during the Kosovo War that what NATO was doing was a violation of fundamental legal norms, and while he was right he never quite grasped that his point may be increasingly irrelevant. The norms are changing. What are the new norms, and how will they emerge? An advisory opinion of the ICJ isn’t going to settle these issues, but it might have some influence on the debate. Keep watching.

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