As is known, in its Opinion on the unilateral declaration of independence
of Kosovo,
the ICJ did not consider the question of the historical significance
for Serbia of the formation of statehood of Kosovo. Generally, a reference
to the historical basis is extremely rare in international law. It is accepted,
for example, in the justification of historical rights to some coastal
marine areas (historic bays, and others) or with regard to the validity of a
right of transit passage through the territory of another state. However, it
also cannot be ignored when it comes to reuniting historically united nations.