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Declaration of independence

Assertion by a defined territory that it is independent and constitutes a state From Wikipedia, the free encyclopedia

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A declaration of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the territory of another state or failed state, or are breakaway territories from within the larger state. In 2010, the UN's International Court of Justice ruled in an advisory opinion in Kosovo that "International law contains no prohibition on declarations of independence",[1] though the state from which the territory wishes to secede may regard the declaration as rebellion, which may lead to a war of independence or a constitutional settlement to resolve the crisis.

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List of declarations of independence

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Explanatory notes

  1. No reference in original Albanian text to the declaration being the work of the Assembly of Kosovo. The language used in the declaration differs from that employed in acts of the Assembly of Kosovo in that the first paragraph commences with the phrase "We, the democratically-elected leaders of our people . . .", whereas acts of the Assembly of Kosovo employ the third person singular. Moreover, the procedure employed in relation to the declaration differed from that employed by the Assembly of Kosovo for the adoption of legislation. It was not transmitted to the Special Representative of the Secretary General and was not published in the Official Gazette of the Provisional Institutions of Self-Government of Kosovo. As the practice shows, he would have been under a duty to take action with regard to acts of the Assembly of Kosovo which he considered to be ultra vires. Taking all factors together, the authors of the declaration of independence of 17 February 2008 did not act as one of the Provisional Institutions of Self-Government within the Constitutional Framework, but rather as persons who acted together in their capacity as representatives of the people of Kosovo outside the framework of the interim administration.
  2. The Continental Congress voted in favor of the Declaration of Independence on July 2.[14] Versions were not printed until July 4 and later, while the signatories did not sign the Matlack declaration until August.[15]

References

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