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81. The ICJ Advisory Opinion on the Unilateral Declaration of Independence in Respect of Kosovo: Rules or Principles?

Author:
Volker Roben
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In its Advisory Opinion of 22 July 2010, the International Court of Justice concluded that the declaration of independence in respect of Kosovo in its precise historical circumstances "did not violate any applicable rule of international law". In its reasoning, the Opinion is concerned with territorial integrity, self - determination and Security Council competence under Chapter VII UN Charter. The Court's Opinion – its reasoning and outcome – can be assessed from several angles. Adopting instead the perspective of legal theory, our concern will be what we can learn from the Opinion about the normative structure of international law in general, and as applied in the context of secessions in a non - colonial context. The paper will argue that the approach of the International Court of Justice to international law, as evidenced in the case at hand, may be labeled rule - oriented. After reconstructing the main planks of the Court's reasoning, the paper will set out an alternative conceptual framework, arguing for a shift from a rule - centered to a principle - based approach to international law in the interest of legal certainty. It will then explore what room there is for such an approach to secessionist situations based on the understanding of self - determination as principle.
Political Geography:
Kosovo

82. The Kosovo Advisory Opinion of the International Court of Justice and its Political Consequences

Author:
Pál Dunay and Steven Haines
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
Ever since NATO's Operation Allied Force in 1999 resulted in a withdrawal of Serb forces from Kosovo and the establishment of governance arrangements for the province that included an important external presence (with UN, EU, NATO and OSCE missions) as well as Kosovo's own Provisional Institutions of Self Government, the precise future status of Kosovo has been in doubt. Two extreme options were favoured by Serbia and Kosovo, respectively: either for Kosovo to continue as a part of Serbia or for it to achieve independent status (most likely by attaining statehood). On 17 February 2008, a group of Kosovo leaders issued a Declaration of Independence. Serbia responded with a request that the UN General Assembly seek an opinion on the legality of Kosovo's action from the International Court of Justice (ICJ). The Court delivered its Opinion on 22 July 2010. What did the Court say and what are the political consequences of its Opinion?
Topic:
Conflict Resolution, International Law, and Sovereignty
Political Geography:
Europe, Kosovo, United Nations, and Balkans

83. Building Partnerships in Peace Operations: The Limits of the Global/Regional Approach

Author:
Thierry Tardy
Publication Date:
05-2010
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
A consensus seems to exist on the need to tackle contemporary intra-state conflicts through a multiplicity of actors who display different comparative advantages and levels of expertise. For the United Nations as well as for the regional organisations that, since the end of the Cold War, have emerged as crisis management actors, working together is the way forward. The UN and the EU run or have run simultaneous operations in Africa (Democratic Republic of the Congo and Chad) and Kosovo and have largely institutionalised their cooperation; the UN took over operations initially deployed by the African Union in West Africa and in Burundi and the two institutions have created a hybrid UN-AU mission in Darfur; the EU is assisting the AU in the building-up of its Stand-by Force and finances AU operations; the EU, the OSCE and NATO have for some time shared the burden of security management in the Balkans. As noted in a UN Department of Peacekeeping Operations (DPKO) document, “reinforcing interoperability with key partners […] can enhance cooperation and ensure that we maximise finite global peacekeeping resources”. Indeed, given the scope of crisis management needs, not least the UN overstretch, burden-sharing has become an imperative and its corollary, inter-institutional partnerships, equally central. Yet, the establishment of partnerships among international institutions is facing important political and technical difficulties that make the prospect for an interlocking system unlikely.
Topic:
Conflict Prevention, Globalization, International Cooperation, Peace Studies, Regional Cooperation, and Peacekeeping
Political Geography:
Africa, Europe, Democratic Republic of the Congo, Kosovo, and United Nations

84. 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

85. 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

86. Serb Integration in Kosovo: Taking the Plunge

Publication Date:
05-2009
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
In the ten years since Belgrade ceded Kosovo to UN and NATO control, integration of the Serbs into Kosovo's political life has been one of the greatest challenges. Since the former Serbian province's declaration of independence in February 2008, this challenge has become still more complicated. The rejection of Kosovo's independence by the vast majority of its Serb inhabitants has been encouraged by Belgrade, which has developed and, since February 2008, extended a framework of parallel structures that provide Serbs with tangible evidence of the continued presence of the Serbian state and hope that one day Kosovo's independence may be overturned. This hope is also kept alive by Belgrade's diplomatic activities, above all through the case it brought at the International Court of Justice in October 2008 seeking to have the independence declaration ruled illegal. It is encouraged by the support of Russia and by five EU member states that have not recognised Kosovo.
Topic:
Conflict Resolution, Ethnic Conflict, United Nations, and War
Political Geography:
Russia, Kosovo, and Balkans

87. 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

88. The Limits of Coercive Airpower: NATO'S 'Victory' in Kosovo Revisited

Author:
Daniel R. Lake
Publication Date:
07-2009
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Many studies of the 1999 Kosovo crisis argue that although airpower played an important role in forcing President Slobodan Milošević's capitulation, NATO's threat of a ground invasion was critical. Other studies claim that no such threat existed or that it was irrelevant to ending the crisis. Instead, they attribute NATO's success solely to the strategic use of coercive airpower. There is, however, another explanation: the rising dissatisfaction with Milošević's rule among his supporters as the crisis dragged on. Despite NATO's overwhelming strategic superiority, Milošević was able to reject his adversary's terms of surrender until his political position became untenable. This suggests that airpower may have greater limitations as a tool of statecraft than its supporters maintain.
Topic:
NATO
Political Geography:
Kosovo

89. 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

90. Conflictos bélicos y gestión de la información: una revisión tras la guerra en Irak y Afganistán

Author:
Manuel R. Torres Soriano and Javier García Marín
Publication Date:
09-2009
Content Type:
Working Paper
Institution:
CONfines de Relaciones Internacionales y Ciencia Política
Abstract:
Existe un acuerdo casi unánime entre aquellos estudiosos que han investigado la compleja realidad de la guerra: el creciente papel que tiene la gestión de la información pública en el desarrollo de los conflictos bélicos (Libicki, 1995; Alberts et al., 2001, Armistead, 2004). Esta preponderancia se manifestó en algunos de los conflictos de la década de los noventa, como la llamada Guerra del Golfo, y en los de la antigua Yugoslavia y Kosovo. A pesar de que en ellos la gestión de la información jugó un papel destacado en la estrategia de los contendientes, el desenlace de estos conflictos estuvo vinculado a los tradicionales elementos del “poder duro”, según la distinción de Josehp Nye (1990). Sin embargo, en los últimos años, hemos podido asistir a un acelerado incremento de la importancia del componente “inmaterial” de la guerra. La generalización y sofisticación de las nuevas tecnologías de la información, junto con la aparición de una nueva tipología de conflicto caracterizado por la asimetría en la naturaleza y fines de los contendientes, han situado a la dimensión informativa de los conflictos en el lugar central de toda reflexión sobre la naturaleza de las guerras del presente y el futuro.
Topic:
Conflict Resolution, War, and Insurgency
Political Geography:
Afghanistan, Iraq, Kosovo, Yugoslavia, and Maryland