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Separate Opinion of Judge A.A. Cançado Trindade in the Advisory Opinion on the Declaration of Independence of Kosovo (of 22.07.2010)

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Chapter Summary

In this chapter the author's reflections are directed to the advent of international organizations and the recurring and growing attention dispensed to the needs and aspirations of the "people" or the "population" (in the mandates system under the League of Nations, in the trusteeship system under the United Nations, and in contemporary U.N. experiments of international territorial administration). The author's next set of considerations (in parts V and VI of the present Separate Opinion) propounds an essentially humanist outlook of the treatment of people under the law of nations, from historical as well as deontological perspectives. The author proceeds to an examination-eluded by the Court in the present Advisory Opinion-of the grave concern expressed by the United Nations as a whole with the humanitarian tragedy in Kosovo. He then reflects on the important aspect of the conditions of living of the population in Kosovo.

Keywords: international territorial administration; Kosovo; league of nations; trusteeship system; United Nations



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