International Legal System Governing the Unilateral Independence of States in the Mirror of Advisory Opinion of ICJ 2010 and the existing instruments: Legitimacy or Illegitimacy

Unilateral Independence is considered a new legal institution in international legal system that the roots of its appearance lies in the existence of different minorities in the scope of states and their friction with that states. The present article intends to evaluate the legitimacy of unilateral independence of these groups in order to establish a new state in international law, with respect to existing instruments including the International Court of Justice (ICJ) Advisory Opinion on unilateral declaration of independence of Kozovo. In spite of the ICJ advisory opinion this writing considers the legitimacy of unilateral independence from the perspective of international law as being not absolute and having an exceptional nature; although the domain of this exception comprises a widespread spectrum.