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Kosovo Secession Declared Legal

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Lelouche
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Founded: Nov 21, 2009
Ex-Nation

Postby Lelouche » Thu Aug 26, 2010 6:01 am

Cybach wrote:
Lelouche wrote:
greed and death wrote:
Nazi Flower Power wrote:
greed and death wrote:This makes secession legal this means the North owes the South Reparations for the war of aggression.
I would same soemthing on the order of 63 trillion dollars is in order payable to the confederacy over 30 years.


After you pay the black people for their labor.

Isn't that what emancipation was ?


Nope, reparations



Are they eligible? I don't think they were US citizens at the time of slavery. Could simply be a loophole, but I could see the government using any loophole to avoid $$$$ out.


Considering the victims of slavery are all dead, no loophole is needed
You don't have to pay decedents, as they aren't victims
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Lelouche
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Ex-Nation

Postby Lelouche » Thu Aug 26, 2010 6:03 am

greed and death wrote:
Lelouche wrote:
greed and death wrote:This makes secession legal this means the North owes the South Reparations for the war of aggression.
I would same soemthing on the order of 63 trillion dollars is in order payable to the confederacy over 30 years.


This would apply, except the south fired the first shot
If they had let the north move first, they would have a legal argument

The south fired the first shot only in enforcing a police action on southern land.
The northern Army was on southern land illegally by international law.


well yes, if it follows that the south had a right to that fort, as was then owned by the union at the time, and was also owned before succession

Did the south have the right to evict union forces from a union base?, even if it was in confederate jurisdiction?
I would like to see the ICJ rule on this
But of course it would have to consider the legality of southern succession to begin with.....big can o worms, trying to rewrite history
Gun control is for wimps and commies.

Let's get one thing straight: guns don't kill people.... I do.

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Siromizu
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Ex-Nation

Postby Siromizu » Thu Aug 26, 2010 6:08 am

As long as ROC is not recognised as distinct from PRC, Kosovo is part of Serbia.
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Lelouche
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Founded: Nov 21, 2009
Ex-Nation

Postby Lelouche » Thu Aug 26, 2010 6:11 am

Siromizu wrote:As long as ROC is not recognised as distinct from PRC, Kosovo is part of Serbia.


Well some nations do recognize Taiwan however, but not as "China" proper, which they give to the PRC
America is one such nation.
Gun control is for wimps and commies.

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Cybach
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Postby Cybach » Thu Aug 26, 2010 6:13 am

Also Russia, China, India, Brazil, Nigeria and quite a few other nations have flat-out stated they would never recognize Kosovo. Just my listed nations means over 50% of the globe will never recognize Kosovo as a nation.

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Greed and Death
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Ex-Nation

Postby Greed and Death » Thu Aug 26, 2010 6:17 am

Lelouche wrote:
greed and death wrote:
Lelouche wrote:
greed and death wrote:This makes secession legal this means the North owes the South Reparations for the war of aggression.
I would same soemthing on the order of 63 trillion dollars is in order payable to the confederacy over 30 years.


This would apply, except the south fired the first shot
If they had let the north move first, they would have a legal argument

The south fired the first shot only in enforcing a police action on southern land.
The northern Army was on southern land illegally by international law.


well yes, if it follows that the south had a right to that fort, as was then owned by the union at the time, and was also owned before succession

Did the south have the right to evict union forces from a union base?, even if it was in confederate jurisdiction?
I would like to see the ICJ rule on this
But of course it would have to consider the legality of southern succession to begin with.....big can o worms, trying to rewrite history


You do not even need to go to ICJ for this.
Both the northern and southern Constitution recognized Eminent domain. It would be no different today then an individual refusing to get out of his home that the government wants to build a bypass across. The government is fully within its right in such extreme cases to evict the person by force and compensate him after the fact.
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Lelouche
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Founded: Nov 21, 2009
Ex-Nation

Postby Lelouche » Thu Aug 26, 2010 6:20 am

greed and death wrote:
Lelouche wrote:
greed and death wrote:
Lelouche wrote:
greed and death wrote:This makes secession legal this means the North owes the South Reparations for the war of aggression.
I would same soemthing on the order of 63 trillion dollars is in order payable to the confederacy over 30 years.


This would apply, except the south fired the first shot
If they had let the north move first, they would have a legal argument

The south fired the first shot only in enforcing a police action on southern land.
The northern Army was on southern land illegally by international law.


well yes, if it follows that the south had a right to that fort, as was then owned by the union at the time, and was also owned before succession

Did the south have the right to evict union forces from a union base?, even if it was in confederate jurisdiction?
I would like to see the ICJ rule on this
But of course it would have to consider the legality of southern succession to begin with.....big can o worms, trying to rewrite history


You do not even need to go to ICJ for this.
Both the northern and southern Constitution recognized Eminent domain. It would be no different today then an individual refusing to get out of his home that the government wants to build a bypass across. The government is fully within its right in such extreme cases to evict the person by force and compensate him after the fact.


well that's a sticky wicket. I object to Eminent domain, (even though the supreme court upheld it, recently even)
I suppose my personal objection isn't a good legal argument however.
Gun control is for wimps and commies.

Let's get one thing straight: guns don't kill people.... I do.

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Risottia
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Postby Risottia » Thu Aug 26, 2010 8:00 am

Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.

Of course the ICJ rules on international law. My point is that International law doesn't apply to the Serbian internal affairs, like the status of an autonomous region within the borders of Serbia. So the rulings of the ICJ are totally immaterial on this issue.
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Greed and Death
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Postby Greed and Death » Thu Aug 26, 2010 9:08 am

Lelouche wrote:
greed and death wrote:
You do not even need to go to ICJ for this.
Both the northern and southern Constitution recognized Eminent domain. It would be no different today then an individual refusing to get out of his home that the government wants to build a bypass across. The government is fully within its right in such extreme cases to evict the person by force and compensate him after the fact.


well that's a sticky wicket. I object to Eminent domain, (even though the supreme court upheld it, recently even)
I suppose my personal objection isn't a good legal argument however.

Regardless it is the law. Otherwise how would you build bypasses ? You got to build bypasses.
There is often a need for government to take control of space for the common good.
Is it over used today ? Yeah Ive seen cities eminent domain poor neighborhoods to sell to developers to make housing for the rich.
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Greed and Death
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Postby Greed and Death » Thu Aug 26, 2010 9:10 am

Risottia wrote:
Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.

Of course the ICJ rules on international law. My point is that International law doesn't apply to the Serbian internal affairs, like the status of an autonomous region within the borders of Serbia. So the rulings of the ICJ are totally immaterial on this issue.


Well when a region declares independence they no longer fall under local law. Like the recent declaration by Sicily, of course I heard Italy blocked reporting of that.
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Lelouche
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Founded: Nov 21, 2009
Ex-Nation

Postby Lelouche » Thu Aug 26, 2010 6:04 pm

greed and death wrote:
Lelouche wrote:
greed and death wrote:
You do not even need to go to ICJ for this.
Both the northern and southern Constitution recognized Eminent domain. It would be no different today then an individual refusing to get out of his home that the government wants to build a bypass across. The government is fully within its right in such extreme cases to evict the person by force and compensate him after the fact.


well that's a sticky wicket. I object to Eminent domain, (even though the supreme court upheld it, recently even)
I suppose my personal objection isn't a good legal argument however.

Regardless it is the law. Otherwise how would you build bypasses ? You got to build bypasses.
There is often a need for government to take control of space for the common good.
Is it over used today ? Yeah Ive seen cities eminent domain poor neighborhoods to sell to developers to make housing for the rich.


Well, actually, bypasses don't "need" to be built, we simply want to build them
The appropriate solution is the free market, and paying the individual what they want for their property, instead of what you think they deserve. and if they refuse to move for personal crazy reasons, that should be their right

I'm a proponent of individual sovereignty, thus in my view, states have no rights whatsoever.
Gun control is for wimps and commies.

Let's get one thing straight: guns don't kill people.... I do.

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Buffett and Colbert
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Postby Buffett and Colbert » Thu Aug 26, 2010 6:11 pm

Risottia wrote:
Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.

Of course the ICJ rules on international law. My point is that International law doesn't apply to the Serbian internal affairs, like the status of an autonomous region within the borders of Serbia. So the rulings of the ICJ are totally immaterial on this issue.

How on EARTH do you reach that conclusion? I'm truly curious.
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Tmutarakhan
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Postby Tmutarakhan » Thu Aug 26, 2010 10:28 pm

Lelouche wrote:
Siromizu wrote:As long as ROC is not recognised as distinct from PRC, Kosovo is part of Serbia.


Well some nations do recognize Taiwan however, but not as "China" proper, which they give to the PRC
America is one such nation.

No, America does not recognize Taiwan as an independent nation; no-one does. The only nations which recognize Taiwan do so by not recognizing the PRC (I think there are very few left).
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Sun Aut Ex
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Postby Sun Aut Ex » Thu Aug 26, 2010 11:58 pm

Tmutarakhan wrote:No, America does not recognize Taiwan as an independent nation; no-one does. The only nations which recognize Taiwan do so by not recognizing the PRC (I think there are very few left).


The Vatican is one, I believe.
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Keronians wrote:
So you think it's ok to waste valuable police time and resources to pander to minority superstitions?

"All available officers, report downtown, armed suspected firing wildly into the public."
"I'll be about ten minutes, I have to go to ID a Muslim woman."


Yes.

Unless of course it's not OK for a woman to ask for a female to ask for a female officer to carry out body checks. In which case, the answer would be no.

"All available officers, report downtown, armed suspected firing wildly into the public."
"I'll be about then minutes, I have to go to carry out a body check on a woman."

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Risottia
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Postby Risottia » Fri Aug 27, 2010 3:46 am

greed and death wrote:
Risottia wrote:
Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.

Of course the ICJ rules on international law. My point is that International law doesn't apply to the Serbian internal affairs, like the status of an autonomous region within the borders of Serbia. So the rulings of the ICJ are totally immaterial on this issue.

Well when a region declares independence they no longer fall under local law.

But the UN said they cannot be independent. So, in the very moment they try to become independent, they bounce against the UN SC Resolution 1244 and back again into Serbian jurisdiction.

Like the recent declaration by Sicily, of course I heard Italy blocked reporting of that.

Actually, I think that the leghisti in the Ministries would be happy if Sicily left Italy...
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Risottia
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Postby Risottia » Fri Aug 27, 2010 3:48 am

Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.

Of course the ICJ rules on international law. My point is that International law doesn't apply to the Serbian internal affairs, like the status of an autonomous region within the borders of Serbia. So the rulings of the ICJ are totally immaterial on this issue.

How on EARTH do you reach that conclusion? I'm truly curious.


http://en.wikipedia.org/wiki/United_Nat ... ution_1244
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Shofercia
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Postby Shofercia » Fri Aug 27, 2010 7:22 pm

Serbian_Soviet_Union wrote:Krsta is an Albanian pretending to be a Serb inorder to get an reaction out of Serbs and have a good laugh at us.


Thank you Captain Obvious. In other news, water is wet, heat is hot, and US is still wasting money by illegally being in Iran. This has been a broadcast of the ONN, Obvious News Network.

Krsta wrote:@FSSU - Not a single church or monastery has been demolished since 17th of February, 2008. That is a fact. Genocide International classifies the operation "Horseshoe" as genocide as it killed more then 11 000 civilians in less then six months... Podujevo, Suva Reka... Facts are the facts... recognize the facts and get a life ;)


http://www.serbianna.com/blogs/newspost/?p=1153

Kosovo Serb church demolished - Dec 14, 2008

Recognize the facts and get a life, I like it. I wish more people would do it. Like say the guy claiming that not a single Serb Church was destroyed since Feb 17th 2008, when that's clearly not true.

Krsta wrote:
OK, so here are the legal arguments FOR independence:

-After committing a genocide (source: Genocide International) Serbia lost it's right on a southern province.
-There is no rule of international law prohibiting secession.
-Absolute majority of the Kosovo's population do not want to live inside the borders of Serbia. However, I, personally, would not grant them full right of self-determination because of the ethnic tensions. So, Kosovo must be independent, but with a reasonable borders - EULEX and KFOR shall not leave Kosovo until the reconciliation process successfully ends.
-The independence of Kosovo will not become a dangerous precedent in international relations, since Kosovo was a special case (Google: sui generis).
-The violations of the rights of the Albanians by the authorities in Belgrade from 1989 to 1999 are thoroughly documented in UN reports, resolutions of the Security Council and the Hague Tribunal, and were admitted by Serbia before the International Court of Justice. After such breaches of their rights, no one could expect the people of Kosovo to agree to continue to live within Serbia.

By the way, you forget the 1974 Constitution which gave Kosovo the same right of self-determination just as Croatia, Slovenia, Montenegro, Macedonia and Bosnia and Herzegovina had it.


- No Genocide was committed. You have to prove it, not say it. Both Russia and Georgia, as well the Western Media, the Republicans, and sources such as Amnesty, claimed thousands of civilian deaths in the Ossetian War. Total confirmed civilians deaths thus far? 69 for Georgia, 168 for South Ossetia, and two idiots who should not have been covering the war in the crossfire. "Hi, we are Russians, we are going to bomb here in 30 mins" "No you won't - I need to film!" Oh, the horror! And there are over a million on this bullshit being called genocide: http://www.google.com/#hl=en&q=ossetia+ ... 3f93f79a62
In reality, as documented by an actual journalist, Fajardo, neither genocide nor ethnic cleansing occurred, but the Georgians attempted ethnic cleansing in Operation Clear Field. That operation failed.
- But there is a rule of International Law prohibiting Kosovo's secession: it's called Resolution 1244, and it requires ALL of the Security Council members to agree.
- Absolute majority of Latinos want independence. Not going to happen.
- Not a single other sane seceding movement believes that Kosovo is a special case. That argument is complete horseshit.
- Resolutions of the SC, such as Resolution 1244, forbid unilateral actions, such as the Kosovo Declaration of Independence. The SC requires 5/5 of permanent members to agree, not the simple majority.

Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.


True, but it erred in ruling on the Resolution 1244. As was pointed out in Judge Skotnikov's dissent, http://www.icj-cij.org/docket/files/141/16001.pdf, on page 3, top indented paragraph: "Only the Security Council, or somebody authorized to do so by the Council, may give an authentic interpretation of a Security Council resolution in the true sense". Skotnikov went on to point out that the Unilateral Declaration of Independence cannot overturn a Security Council resolution.

The Court took the somewhat idiotic approach of claiming that the UDI acted outside of the SC resolution; however, in Russia's view, and Russia is a permanent SC member, the UDI violated it. SC gets to interpret what SC says, not the ICJ. As thus, the ICJ erred. If the ICJ's logic is to be considered, then the majority of the expanded SC can do whatever they wish. However, without the cooperation of Russia and China, the majority of the SC cannot exert its will on those two countries. As a result, because of this ruling, the ICJ became a weakened institution, akin to the US Supreme Court's ruling in the Dred Scott case, when the ruling was simply ignored in the North. Likewise, Russia and China have already informed the ICJ to go fly a kite, on the Kosovo issue. Both will veto any attempt of Kosovo to ever be considered an actual nation.

Cybach wrote:That won't happen. The promise of Kosovo not uniting with Albania was one of the concessions made for Serbia to surrender in the Balkan war. Kosovo joining Albania would be a cassus belli for Serbia to legally (by international law) declare war against Albania.


And this time Russia isn't going to be weak. Let's all recall what they did to the Mercs in a place called Ossetia. It was like the Marines going up against the Iraqis. If Albania annexes Kosovo, I forsee a lot of Russians getting Serb passports. They will generally be males, in excellent physical shape, and have the ability to wield firearms effectively. But hey, we might see SCO v NATO in the air; maybe Kosovo's independence isn't so bad, have you guys any idea how badly military historians would salivate over the SCO-NATO air war? Finally - something WORTHY to write about!
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Buffett and Colbert
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Postby Buffett and Colbert » Fri Aug 27, 2010 7:28 pm

Shofercia wrote:True, but it erred in ruling on the Resolution 1244. As was pointed out in Judge Skotnikov's dissent, http://www.icj-cij.org/docket/files/141/16001.pdf, on page 3, top indented paragraph: "Only the Security Council, or somebody authorized to do so by the Council, may give an authentic interpretation of a Security Council resolution in the true sense". Skotnikov went on to point out that the Unilateral Declaration of Independence cannot overturn a Security Council resolution.

The Court took the somewhat idiotic approach of claiming that the UDI acted outside of the SC resolution; however, in Russia's view, and Russia is a permanent SC member, the UDI violated it. SC gets to interpret what SC says, not the ICJ. As thus, the ICJ erred. If the ICJ's logic is to be considered, then the majority of the expanded SC can do whatever they wish. However, without the cooperation of Russia and China, the majority of the SC cannot exert its will on those two countries. As a result, because of this ruling, the ICJ became a weakened institution, akin to the US Supreme Court's ruling in the Dred Scott case, when the ruling was simply ignored in the North. Likewise, Russia and China have already informed the ICJ to go fly a kite, on the Kosovo issue. Both will veto any attempt of Kosovo to ever be considered an actual nation.


Bullshit. The International Court of Justice is a branch of the United Nations. The United Nations (specifically the GA) ASKED the ICJ to give an ADVISORY opinion on the question they posed. The ICJ is authorised by the UNSC to give such an interpretation. In fact, the majority of the Justices on the ICJ agreed, as they pointed out in the Opinion. Moreover, Resolution 1244 does nothing to declare Kosovo Serbian or anything like that. In fact, it leaves Kosovo's status to be determined.
Last edited by Buffett and Colbert on Fri Aug 27, 2010 7:29 pm, edited 2 times in total.
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Buffett and Colbert
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Postby Buffett and Colbert » Fri Aug 27, 2010 7:30 pm

Risottia wrote:
Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Risottia wrote:
Buffett and Colbert wrote:
Southern Patriots wrote:ICJ? What a joke.

Perhaps a Serbian can correct me if I'm wrong, but isn't Kosovo considered the ancestral Serbian heartland or something? And aren't the squatters who declared it independent just a bunch of Albanians who flooded the area like freebooters?
What a sad state of affairs...

The International Court of Justice rules on international law, not politics or domestic law. Period.

The point is that, by UN Security Council Resolution 1244, Kosovo was declared to be part of the Federal Republic of Yugoslavia, which was legally succeeded by Serbia and Montenegro and then by Serbia, hence, domestic Serbian law applies. Period.

No, UNSC Resolution 1244 will be considered by the ICJ. Not Serbian law. Why the former but not the latter? The former is INTERNATIONAL law. The INTERNATIONAL Court of Justice obviously rules on INTERNATIONAL law.

Of course the ICJ rules on international law. My point is that International law doesn't apply to the Serbian internal affairs, like the status of an autonomous region within the borders of Serbia. So the rulings of the ICJ are totally immaterial on this issue.

How on EARTH do you reach that conclusion? I'm truly curious.


http://en.wikipedia.org/wiki/United_Nat ... ution_1244

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Communist Winnipeg
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Postby Communist Winnipeg » Fri Aug 27, 2010 7:44 pm

Cybach wrote:Also Russia, China, India, Brazil, Nigeria and quite a few other nations have flat-out stated they would never recognize Kosovo. Just my listed nations means over 50% of the globe will never recognize Kosovo as a nation.

Russia, China, India, Brazil, Nigeria and quite a few other nations have regions that would or have declared themselves independent. Canada has a mechanism for provinces to become independent - I guess other nations should come up uith a peaceful way to disband.

(Topic for another tread - Should the world move beyond petty nationalism?)

Edit - Any result for Nagorno-Karabakh?
Last edited by Communist Winnipeg on Fri Aug 27, 2010 7:45 pm, edited 1 time in total.
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Sremski okrug
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Founded: Jul 02, 2010
Ex-Nation

Postby Sremski okrug » Sat Aug 28, 2010 10:56 am

Buffett and Colbert wrote:
Shofercia wrote:True, but it erred in ruling on the Resolution 1244. As was pointed out in Judge Skotnikov's dissent, http://www.icj-cij.org/docket/files/141/16001.pdf, on page 3, top indented paragraph: "Only the Security Council, or somebody authorized to do so by the Council, may give an authentic interpretation of a Security Council resolution in the true sense". Skotnikov went on to point out that the Unilateral Declaration of Independence cannot overturn a Security Council resolution.

The Court took the somewhat idiotic approach of claiming that the UDI acted outside of the SC resolution; however, in Russia's view, and Russia is a permanent SC member, the UDI violated it. SC gets to interpret what SC says, not the ICJ. As thus, the ICJ erred. If the ICJ's logic is to be considered, then the majority of the expanded SC can do whatever they wish. However, without the cooperation of Russia and China, the majority of the SC cannot exert its will on those two countries. As a result, because of this ruling, the ICJ became a weakened institution, akin to the US Supreme Court's ruling in the Dred Scott case, when the ruling was simply ignored in the North. Likewise, Russia and China have already informed the ICJ to go fly a kite, on the Kosovo issue. Both will veto any attempt of Kosovo to ever be considered an actual nation.


Bullshit. The International Court of Justice is a branch of the United Nations. The United Nations (specifically the GA) ASKED the ICJ to give an ADVISORY opinion on the question they posed. The ICJ is authorised by the UNSC to give such an interpretation. In fact, the majority of the Justices on the ICJ agreed, as they pointed out in the Opinion. Moreover, Resolution 1244 does nothing to declare Kosovo Serbian or anything like that. In fact, it leaves Kosovo's status to be determined.


The same courts ruled that the United States acted illegally in Nicaragua, this was then overturned by the United States in the UN.
IC: The Socialist Federal Republic of Yugoslavia.
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Kalibarr
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Founded: Sep 05, 2009
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Postby Kalibarr » Sat Aug 28, 2010 11:09 am

...- No Genocide was committed...


I stopped reading here.

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Greed and Death
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Posts: 53383
Founded: Mar 20, 2008
Ex-Nation

Postby Greed and Death » Sat Aug 28, 2010 11:13 am

Sremski okrug wrote:
Buffett and Colbert wrote:
Shofercia wrote:True, but it erred in ruling on the Resolution 1244. As was pointed out in Judge Skotnikov's dissent, http://www.icj-cij.org/docket/files/141/16001.pdf, on page 3, top indented paragraph: "Only the Security Council, or somebody authorized to do so by the Council, may give an authentic interpretation of a Security Council resolution in the true sense". Skotnikov went on to point out that the Unilateral Declaration of Independence cannot overturn a Security Council resolution.

The Court took the somewhat idiotic approach of claiming that the UDI acted outside of the SC resolution; however, in Russia's view, and Russia is a permanent SC member, the UDI violated it. SC gets to interpret what SC says, not the ICJ. As thus, the ICJ erred. If the ICJ's logic is to be considered, then the majority of the expanded SC can do whatever they wish. However, without the cooperation of Russia and China, the majority of the SC cannot exert its will on those two countries. As a result, because of this ruling, the ICJ became a weakened institution, akin to the US Supreme Court's ruling in the Dred Scott case, when the ruling was simply ignored in the North. Likewise, Russia and China have already informed the ICJ to go fly a kite, on the Kosovo issue. Both will veto any attempt of Kosovo to ever be considered an actual nation.


Bullshit. The International Court of Justice is a branch of the United Nations. The United Nations (specifically the GA) ASKED the ICJ to give an ADVISORY opinion on the question they posed. The ICJ is authorised by the UNSC to give such an interpretation. In fact, the majority of the Justices on the ICJ agreed, as they pointed out in the Opinion. Moreover, Resolution 1244 does nothing to declare Kosovo Serbian or anything like that. In fact, it leaves Kosovo's status to be determined.


The same courts ruled that the United States acted illegally in Nicaragua, this was then overturned by the United States in the UN.


Not overturned, they blocked enforcement of the decision via the security council veto.
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Buffett and Colbert
Post Czar
 
Posts: 32382
Founded: Oct 05, 2008
Ex-Nation

Postby Buffett and Colbert » Sat Aug 28, 2010 11:35 am

greed and death wrote:
Sremski okrug wrote:
Buffett and Colbert wrote:
Shofercia wrote:True, but it erred in ruling on the Resolution 1244. As was pointed out in Judge Skotnikov's dissent, http://www.icj-cij.org/docket/files/141/16001.pdf, on page 3, top indented paragraph: "Only the Security Council, or somebody authorized to do so by the Council, may give an authentic interpretation of a Security Council resolution in the true sense". Skotnikov went on to point out that the Unilateral Declaration of Independence cannot overturn a Security Council resolution.

The Court took the somewhat idiotic approach of claiming that the UDI acted outside of the SC resolution; however, in Russia's view, and Russia is a permanent SC member, the UDI violated it. SC gets to interpret what SC says, not the ICJ. As thus, the ICJ erred. If the ICJ's logic is to be considered, then the majority of the expanded SC can do whatever they wish. However, without the cooperation of Russia and China, the majority of the SC cannot exert its will on those two countries. As a result, because of this ruling, the ICJ became a weakened institution, akin to the US Supreme Court's ruling in the Dred Scott case, when the ruling was simply ignored in the North. Likewise, Russia and China have already informed the ICJ to go fly a kite, on the Kosovo issue. Both will veto any attempt of Kosovo to ever be considered an actual nation.


Bullshit. The International Court of Justice is a branch of the United Nations. The United Nations (specifically the GA) ASKED the ICJ to give an ADVISORY opinion on the question they posed. The ICJ is authorised by the UNSC to give such an interpretation. In fact, the majority of the Justices on the ICJ agreed, as they pointed out in the Opinion. Moreover, Resolution 1244 does nothing to declare Kosovo Serbian or anything like that. In fact, it leaves Kosovo's status to be determined.


The same courts ruled that the United States acted illegally in Nicaragua, this was then overturned by the United States in the UN.


Not overturned, they blocked enforcement of the decision via the security council veto.

^This
If the knowledge isn't useful, you haven't found the lesson yet. ~Iniika
You-Gi-Owe wrote:If someone were to ask me about your online persona as a standard of your "date-ability", I'd rate you as "worth investigating further & passionate about beliefs". But, enough of the idle speculation on why you didn't score with the opposite gender.

Nanatsu no Tsuki wrote:
Buffett and Colbert wrote:Clever, but your Jedi mind tricks don't work on me.

His Jedi mind tricks are insignificant compared to the power of Buffy's sex appeal.
Keronians wrote:
Buffett and Colbert wrote:My law class took my virginity. And it was 100% consensual.

I accuse your precious law class of statutory rape.

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Sremski okrug
Minister
 
Posts: 3177
Founded: Jul 02, 2010
Ex-Nation

Postby Sremski okrug » Sat Aug 28, 2010 11:40 am

greed and death wrote:
Sremski okrug wrote:
Buffett and Colbert wrote:
Shofercia wrote:True, but it erred in ruling on the Resolution 1244. As was pointed out in Judge Skotnikov's dissent, http://www.icj-cij.org/docket/files/141/16001.pdf, on page 3, top indented paragraph: "Only the Security Council, or somebody authorized to do so by the Council, may give an authentic interpretation of a Security Council resolution in the true sense". Skotnikov went on to point out that the Unilateral Declaration of Independence cannot overturn a Security Council resolution.

The Court took the somewhat idiotic approach of claiming that the UDI acted outside of the SC resolution; however, in Russia's view, and Russia is a permanent SC member, the UDI violated it. SC gets to interpret what SC says, not the ICJ. As thus, the ICJ erred. If the ICJ's logic is to be considered, then the majority of the expanded SC can do whatever they wish. However, without the cooperation of Russia and China, the majority of the SC cannot exert its will on those two countries. As a result, because of this ruling, the ICJ became a weakened institution, akin to the US Supreme Court's ruling in the Dred Scott case, when the ruling was simply ignored in the North. Likewise, Russia and China have already informed the ICJ to go fly a kite, on the Kosovo issue. Both will veto any attempt of Kosovo to ever be considered an actual nation.


Bullshit. The International Court of Justice is a branch of the United Nations. The United Nations (specifically the GA) ASKED the ICJ to give an ADVISORY opinion on the question they posed. The ICJ is authorised by the UNSC to give such an interpretation. In fact, the majority of the Justices on the ICJ agreed, as they pointed out in the Opinion. Moreover, Resolution 1244 does nothing to declare Kosovo Serbian or anything like that. In fact, it leaves Kosovo's status to be determined.


The same courts ruled that the United States acted illegally in Nicaragua, this was then overturned by the United States in the UN.


Not overturned, they blocked enforcement of the decision via the security council veto.


ICJ cant do crap still.
IC: The Socialist Federal Republic of Yugoslavia.
The IMF and World Bank are terrorist organizations.
"Our future destiny rests with us, sometimes this makes us afraid but then we remember we have Partisans blood and we know what we're here for. You can count on us" - Day of Youth
"We're Tito. Tito is Ours"

Druze Tito, Bela Lica
Tito, je naše sunce
Yugoslav culture
R.I.P Jovanka Broz

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