Lotus proposition

By formulating the question in such narrow terms, the world court avoided having to resolve whether international law conferred a specific right for states or other groups to issue declarations of independence. Instead, the Court resorted to the famous Lotus proposition that whatever is not prohibited under international law is legal. 

For a more detailed discussion of the Lotus proposition in the context of the Kosovo ICJ case, see A. Peters, Does Kosovo lie in the Lotus-land of Freedom , Leiden Journal of International Law, 2011, Vol. 24, No. 1, 95—108. 

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See also in sourсe #XX -- [ ]

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