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2. "Traditional Gap" in the ICJ's Advisory Opinion on Kosovo
- Author:
- Mushfig Mammadov
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Journal:
- The Caucasian Review of International Affairs
- Institution:
- The Caucasian Review of International Affairs
- Abstract:
- On February 17, 2008 Kosovo, hitherto the internationally recognized territory of Serbia, unilaterally declared its independence. Three of the five permanent members of the UN Security Council (the USA, UK and France) immediately recognized the independence of Kosovo, while the other two, Russia and China, sharply criticized Kosovo's step and have thus far refused to recognize Kosovo as an independent state. In October 2008 the UN General Assembly requested the International Court of Justice (ICJ), upon the initiative of Serbia, to render an advisory opinion with regard to whether the unilateral declaration of independence adopted by the provisional institutions of Kosovo was in accordance with international law. In its non-binding advisory opinion, delivered on July 22, 2010 the Court stated that the unilateral declaration of independence of Kosovo did not violate international law. Nonetheless, this conclusion is not so clear and simple as it at first might seem, nor so “dangerous”, as it was described in the media and in some reactions, especially upon a closer reading of the entire text of the advisory opinion.
- Topic:
- International Law
- Political Geography:
- Russia, China, Kosovo, United Nations, and Serbia
3. The Kosovo precedent - Applicable in Many Parts of the World, But Not Directly in the South Caucasus
- Author:
- Dominik Tolksdorf
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Caucasian Review of International Affairs
- Institution:
- The Caucasian Review of International Affairs
- Abstract:
- When it recognized the independence of South Ossetia and Abkhazia in August 2008, Russia implicitly referred to the independence of the Republic of Kosovo, which was recognized by most of the EU member states and by a total of 54 states of the 192 UN member states by January 2009. But is it really feasible to compare the two cases with each other? What arguments has "the West" used in order to justify the recognition of Kosovo? What legal arguments are there to justify the Russian position? This paper will take a closer look at the argumentation on both sides of the debate before it will analyse the reasons for the fact that a large number of states have so far rejected the idea of acknowledging Kosovo, South Ossetia and Abkhazia. The paper will conclude that for specific reasons, it is difficult to argue that the recognition of Kosovo's independence set a clear precedent for the two breakaway provinces of Georgia. However, Kosovo might have set a precedent for more reasonable cases, which explains much better why the process of Kosovo's recognition has come to a standstill. This is no good news for the government in Prishtina, which needs further recognition in order to become a member of various international organisations.
- Topic:
- International Organization
- Political Geography:
- Russia, Kosovo, Georgia, South Caucasus, South Ossetia, and Abkhazia
4. The Kosovo Precedent - Directly Applicable to Abkhazia and South Ossetia
- Author:
- Sebastian Schaeffer
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Caucasian Review of International Affairs
- Institution:
- The Caucasian Review of International Affairs
- Abstract:
- The declaration of independence of the Republic of Kosovo on 17 February 2008 led to different reactions in the international community. The United States of America was first to do so among the current 53 states that recognise Kosovo, while the Russian Federation and of course Serbia remain in strong opposition. Whether one supports the independence of Kosovo or not, it is undoubted that the declaration of independence had an impact on the Caucasus. What is also clear is that both the United States of America and the Russian Federation have a selective approach towards the recognition of states. While the USA recognises Kosovo and considers Abkhazia and South Ossetia as being part of the Georgian territory, Russia holds it the other way round. I will argue that the independence of Kosovo, as well as the independence of Abkhazia and South Ossetia, are both as legitimate or illegitimate since all three entities had a certain degree of autonomy during the Soviet era. In all three entities the titular nation makes up a majority of the population, although the Kosovo Albanians in Kosovo surpass the Ossetians in South Ossetia and especially the Abkhazians in Abkhazia by far. Furthermore, Kosovo as well as South Ossetia and Abkhazia had a de-facto regime since the beginning of the 1990s. Territory, nation and government mark the three elements of Georg Jellineks theory of a state. In conclusion I will argue that the United States and the Russian Federation should give up their selective approach and agree on a common position, otherwise the Kosovo precedent will not only have an impact on the conflicts in the Caucasus but also for many other frozen conflicts in the region and the world.
- Political Geography:
- Russia, United States, Caucasus, Kosovo, Serbia, Georgia, South Ossetia, and Abkhazia
5. Implications of Kosovo, Abkhazia and South Ossetia for International Law: The Conduct of the Community of States in Current Secession Conflicts
- Author:
- Heiko Krueger
- Publication Date:
- 04-2009
- Content Type:
- Journal Article
- Journal:
- The Caucasian Review of International Affairs
- Institution:
- The Caucasian Review of International Affairs
- Abstract:
- The objective of this article is to examine whether the current conduct of the community of states in the cases of Kosovo, Abkhazia and South Ossetia has any implications on international law. This question arises particularly in the case of Kosovo, since many states have recognised its separation from Serbia. Can the conduct of the community of states be used as a legal precedent by other groups seeking separation, e.g. in Azerbaijan, China, Georgia, Moldova, Spain or Ukraine? What if more states were to recognise Kosovo in the future? The focus of this paper will be to consider the implications of the conduct of the community of states on the interpretation of international treaties and customary international law. In this respect, the conduct of states in the cases of Abkhazia and South Ossetia in August 2008 will also be taken into account.
- Topic:
- International Law
- Political Geography:
- China, Ukraine, Moldova, Kosovo, Azerbaijan, Serbia, Georgia, Spain, South Ossetia, and Abkhazia
6. Note from the Editor-in-Chief
- Author:
- Nasimi Aghayev
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Caucasian Review of International Affairs
- Institution:
- The Caucasian Review of International Affairs
- Abstract:
- I am very happy to present the Winter 2009 issue of the Caucasian Review of International Affairs (CRIA). Since our last issue in Autumn 2008, the war in Georgia has receded from the media's attention, but its implications are only beginning to be seriously addressed by the academic community. The CRIA aims to be at the forefront of this ongoing assessment, and in this context we have a number of papers which touch upon the war and its effects upon the region, as well as a theoretical assessment of the Russian intervention. We also present two contrasting Comments on Kosovo's declaration of independence and its implications for the South Caucasus. We are also proud to present additional papers on the Armenian diaspora, Georgia's national competitiveness in a globalised world, energy geo-politics in the Caspian basin, competing Islamic traditions in the Caucasus, external powers' influence upon the reform and political elites in Kyrgyzstan, as well as two topical book reviews and an interview with Dr. Martin Malek from the National Defence Academy of Austria. I would like to thank all of our authors for their time and their insightful work.
- Political Geography:
- Russia, Caucasus, Kyrgyzstan, Kosovo, and Georgia