استادیار دانشگاه بوعلی سینا
عنوان مقاله [English]
The unilateral declaration of the independence of Kosovo, Abkhazia and South Ossetia is a turning point in solving a difficult legal issue in the present century. On 8 October 2008, General Assembly of the United Nations has adopted a resolution in which requested the International Court of Justice to render an advisory opinion. In the meantime, 35 states had filed written statements within the time-limit fixed by the court (17 April 2009) and in which opposed the independence of Kosovo. Russia argued that except to the decolonization context, ethnic groups lack a general right to secede. They have the right to secede in extreme circumstances if and only their members have suffered serious violations of fundamental human rights. Russia contended that Kosovo does not fall in this category. The survey of written statement of Russia showed that Kosovo has not been succeeded to prove the remedial secession theory in contemporary international law. It seems that Russia supports this theory only to justify the recognition of Abkhazia and South Ossetia.