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51. Secession in Theory and Practice: the Case of Kosovo and Beyond

Author:
Ioana Cismas
Publication Date:
08-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Since 17 February 2008 - the day of Kosovo's declaration of independence from Serbia - it has become rather pressing to understand whether this act has legal precedential value and hence what its consequences are. This article carves out the place of secession in international law by appeal to fundamental principles and legal doctrine. It also explores major sociopolitical aspects in Kosovo's history, from the battle of Kosovo Polje in 1389 to Security Council resolution 1244 (1999) that set up the United Nations Interim Administration Mission in Kosovo (UNMIK). By following these two analytical paths Kosovo is exposed as a case of remedial secession and thus as a potential legal precedent. While the elements of remedial secession are gathered, it is argued that states deprived this instance of practice of its precedential value and made it a legally insignificant act. In other words, the international community missed a rare opportunity to clarify the concept of remedial secession and to reassert its preventive force as a non-traditional human rights protection mechanism.
Topic:
United Nations
Political Geography:
Kosovo and Serbia

52. Making of a New State in the Balkans: Kosovo

Author:
Mehmet Öcal and Ayşe Aslıhan Çelenk
Publication Date:
10-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Kosovo is one of the last states in the Balkan puzzle to gain its independence. The disputed region that declared independence on February 17, 2008 is still a “quasistate,” a country with limited sovereignty, divided into a Serbian dominated north and an Albanian south. The international community has committed itself to the political and financial responsibility of securing peace in Kosovo and in the Balkan region at large. Yet neither the UN nor the EU has been able to undertake the necessary measures to prevent a possible partition of the new state. Besides a number of unresolved juridical and political issues, the country also has to deal with negative macroeconomic developments. Due to the lack of legal clarity, and the so-called reconfiguration of the tasks, competences and responsibility areas of the international organizations, only very modest steps have been made to integrate the country in the stabilization and association process of the accession to the EU.
Political Geography:
United States, Kosovo, Serbia, Balkans, and Guinea

53. The Balkans' Underbelly

Author:
David L. Phillips
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
World Policy Journal
Institution:
World Policy Institute
Abstract:
PRISHTINA, KOSOVO—For nearly two years Kosovo, the world's newest nation, has struggled to be recognized as a sovereign state. On July 22, 2010, the International Court of Justice [ijc] removed uncertainty about Kosovo's status since its declaration of independence from Serbia on February 17, 2008—concluding that the declaration did not violate international law. But Kosovar Albanians knew long before the court's opinion that their freedom from Serbia was, and remains, irrevocable. They would never stand for the return to Serbian control.
Political Geography:
Kosovo and Serbia

54. A New Kind of Balkans Drama

Author:
Daniel Serwer
Publication Date:
06-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The Balkans face more trouble in Kosovo as well as Bosnia and Herzegovina unless the United States and European Union take dramatic steps to get both back on track towards EU membership. In Bosnia, the international community needs to reconstitute itself as well as support an effort to reform the country's constitution. In Kosovo, Pristina and Belgrade need to break through the barriers to direct communication and begin discussions on a wide range of issues. This brief proposes specific diplomatic measures to meet these needs.
Topic:
Conflict Resolution, International Relations, Diplomacy, and Ethnic Conflict
Political Geography:
United States, Europe, Bosnia, Herzegovina, Kosovo, Serbia, and Balkans

55. "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

56. Humanitarian Action – A Scope for the Responsibility to Protect: Part II: Responsibility to Protect – A Legal Device Ready for Use?

Author:
Marie-José Domestici-Met
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Throughout three issues of the Goettingen Journal of International Law we are trying and answering the same question: with the recognition of responsibility to protect, is humanitarian action at last guaranteed? Will this concept avoid some avoidable deaths and lack of rescue? Our first issue was devoted to the long quest for a legal regime in favor of humanitarian action effective delivery. After a step by step review of the many solutions which have been tried, the paper ended with the “discovery” of physical protection. After mentioning the Kosovo (and Serbia) air strikes and the 3rd millennium UN field missions, the paper ended with a worrying assessment: no device over the past 150 years has succeeded in guarantying neither assistance' provision nor protection. And we raised the issue of responsibility to protect (R to P) as a possible help to solution. Our today's paper goes down this way.
Topic:
International Law
Political Geography:
Kosovo and Serbia

57. 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

58. 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

59. Sırp İsyanının Uluslararası Boyutu (1804–1813)

Author:
Selim Aslantaş
Publication Date:
05-2009
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
The Serbian uprising (1804-1813), which played a very critical role in the disintegration of Ottoman regime in the Balkans, is one of the most important events in the modern history. It broke out against Dayis who captured the Semendire sanjak (territorial core of 19th century's Serbia) and established an oppressive regime over the Serbians. In the initial phase, the uprising had only a local dimension. When the Ottoman government regarded the uprising as an opportunity to eliminate the Dayis' regime, it supported the rebels. But in a short time, it went well beyond its local character and became an international question. Up to its end in 1813, it preserved this character. In this study we try to answer the following questions: why and how did Serbian uprising become an international question? What were the basic dynamics of the international dimension of Serbian uprising? What were the policies of Ottoman Empire and Great Powers toward the uprising? Which factors were important to the changing of these policies?
Topic:
Government and History
Political Geography:
Serbia and Balkans

60. Kosovo: Štrpce, a Model Serb Enclave?

Publication Date:
10-2009
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Štrpce, one of Kosovo's largest Serb enclaves and one of the few with good Serb-Albanian relations and economic prospects, risks falling victim to the status dispute between Belgrade and Pristina. But it also has a chance to demonstrate to Serbs that they can protect their interests within Kosovo's constitutional order. Since May 2008, the municipality has been governed by competing authorities, both Serb-led: an official government appointed by the UN in the face of local opposition and a parallel regime elected in defiance of Kosovo law. Neither has the capacity to perform its duties. The impasse has deprived this peaceful enclave of effective government and devastated its economy, notably by preventing regulation of its lucrative property market and blocking privatisation of the Brezovica ski resort. Local elections on 15 November 2009 can end the un- easy status quo, give Štrpce a legitimate government and unlock its economic potential. Belgrade, Pristina and the international community should encourage voting and thereafter equip the municipal government with the expanded powers and resources it needs.
Topic:
Conflict Resolution, Ethnic Conflict, and War
Political Geography:
Serbia, Balkans, and Albania