Besfort Rrecaj | Universiteti I Prishtines (original) (raw)
Papers by Besfort Rrecaj
International Journal of Electronic Governance, Dec 31, 2023
Bezbednosni dijalozi, 2015
As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into ... more As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into one's mind: is the world facing resurgence of the Cold War? The fear has become realistic since the annexation of Crimea by Russia in 2014 and worsening of the situation in east Ukraine. The article analyzes the European security and its prospects in the light of the growing tensions between the West and Russia. Particular emphasis is given to the key international treaties such that the Conventional Forces Treaty and Intermediate Range Ballistic Missile Treaty. The author argues that although the relations between the West and Russia are to its lowest point and possibly heading for worse, one can hardly talk about a new Cold War. There is military buildup, and strong rhetoric accompanied by some measures towards condemnation of another party's moves-yet there is still certain level of communication and consent over some issues such as the Iranian nuclear program or fight against terrorism. For a New Cold War to resurge it would be necessary to see the adversaries more or less on equal footing, which does not seem to be the case. The West (NATO) has enlarged since the end of the Cold War but also has become stronger, while Russia does not even remotely resemble the USSR, and its alternatives in Asia cannot compensate for it.
bepress Legal Series, 2006
Croatian International Relations Review, Nov 27, 2017
Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic in... more Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic integration with NATO, keeping its door open towards Western Balkan states. This integration process faces major challenges stemming from different dimensions: NATO's internal unity and its stance towards Kosovo's political status having direct impact in consensual decision making processes; current geopolitical tensions from a global perspective, particularly between the West and Russia; and Kosovo's ability to fulfil NATO's standards and criteria. These challenges might prove very difficult to overcome at least in the current global political and security environment. The objective of this paper is to discuss from legal and geopolitical perspectives the relations between Kosovo and NATO and the challenges, dynamics and perspective of NATO opening a formal integration process for Kosovo.
This chapter discusses the place of Kosovo in between main principles of international law: self ... more This chapter discusses the place of Kosovo in between main principles of international law: self determination, on one hand, and sovereignty and territorial integrity, on the other. It tries to discuss the Kosovo conundrum in between these principles to develop a case where the people of Kosovo would be eligible to use the right to self-determination and secede, as a last resort, from a state where their fundamental human rights and freedoms were denied persistently. The chapter approaches legal, historical and political development of Kosovo from the dissolution of the Ottoman Empire up to its current status. It focuses on the challenges to Kosovo after the declaration of independence and its struggle to enter into international relations. It also discusses the prospects of entering some of the most important international organizations for Kosovo; the United Nations, International Monetary Fund, World Bank, European Union and NATO. Keywords:European Union; international law; International Monetary Fund; Kosovo Conundrum; NATO; Ottoman Empire; Sovereignty; territorial integrity; United Nations; World Bank
International Journal of Human Rights and Constitutional Studies
International Legal Materials, 2019
In its Chagos Advisory Opinion, the International Court of Justice (ICJ) addressed two questions ... more In its Chagos Advisory Opinion, the International Court of Justice (ICJ) addressed two questions posed in a request from the UN General Assembly. First, had Mauritius's decolonization been completed when it gained independence in 1968, after the excision of the Chagos Archipelago? Second, what were the legal consequences flowing from the United Kingdom's continued administration of the Archipelago? It was thought that the Court might shy away from giving an Opinion in this case as, arguably, it concerned a bilateral sovereignty dispute that the United Kingdom had not agreed to have resolved by judicial decision. However, as it turned out, the Court delivered surprisingly robust responses to the questions posed. The Opinion—and the numerous Separate Opinions that accompanied it—offer a thorough re-evaluation of the customary international law (CIL) concerning the right to self-determination in cases of decolonization.
Security Dialogues. Journal in the field of Security, Defence and Peace Studies, 2015
As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into ... more As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into one's mind: is the world facing resurgence of the Cold War? The fear has become realistic since the annexation of Crimea by Russia in 2014 and worsening of the situation in east Ukraine. The article analyzes the European security and its prospects in the light of the growing tensions between the West and Russia. Particular emphasis is given to the key international treaties such that the Conventional Forces Treaty and Intermediate Range Ballistic Missile Treaty. The author argues that although the relations between the West and Russia are to its lowest point and possibly heading for worse, one can hardly talk about a new Cold War. There is military buildup, and strong rhetoric accompanied by some measures towards condemnation of another party's moves-yet there is still certain level of communication and consent over some issues such as the Iranian nuclear program or fight against terrorism. For a New Cold War to resurge it would be necessary to see the adversaries more or less on equal footing, which does not seem to be the case. The West (NATO) has enlarged since the end of the Cold War but also has become stronger, while Russia does not even remotely resemble the USSR, and its alternatives in Asia cannot compensate for it.
Utrecht Journal of International and European Law, 2020
On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opi... more On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opinion on legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. The request for the advisory opinion was made by the United Nations General Assembly (UNGA) through its Resolution 71/292. The Resolution adopted on 22 June 2017 with 94 votes in favor, 15 against and 65 abstantions. The Court held unanimously that it has jurisdiction to give the advisory opinion as requested and by 13 votes to one decided that the detachment of the Chagos Archipelago immediately before the final stage of decolonization was wrongful thus violating international law and specifically the right to self-determination. Inter alia the court was of the opinion that the agreement between the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and Mauritius concluded in 1965 leaving Chagos Archipelago under administration of United Kingdom after completion of decolonization was flawed because it lacked the free expression of the will of the people on the side of Mauritius. Therefore according to the Court the United Kingdom is obliged to bring to an end its administration over Chagos Archipelago as rapidly as possible and that all members states are obliged to cooperate in the process. Eight judges presented their declarations among whom two presented a joint declaration, four judges presented separate opinions and one of the judges presented a dissenting opinion at the end of the proceedings. Thirty three states have submitted written statements. In addition the African Union organization was allowed to submit written statement. Eleven state have submitted comments related to written statements and 23 states have presented their oral argument before the ICJ. The Chagos Archipelago is located in the Indian Ocean about 500 km from the Maldives archipelago.
Croatian International Relations Review, 2017
Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic in... more Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic integration with NATO, keeping its door open towards Western Balkan states. This integration process faces major challenges stemming from different dimensions: NATO’s internal unity and its stance towards Kosovo’s political status having direct impact in consensual decision making processes; current geopolitical tensions from a global perspective, particularly between the West and Russia; and Kosovo’s ability to fulfil NATO’s standards and criteria. These challenges might prove very difficult to overcome at least in the current global political and security environment. The objective of this paper is to discuss from legal and geopolitical perspectives the relations between Kosovo and NATO and the challenges, dynamics and perspective of NATO opening a formal integration process for Kosovo.
Utrecht Journal of International and European Law, 2020
On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opi... more On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opinion on legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. The request for the advisory opinion was made by the United Nations General Assembly (UNGA) through its Resolution 71/292. The Resolution adopted on 22 June 2017 with 94 votes in favor, 15 against and 65 abstantions. The Court held unanimously that it has jurisdiction to give the advisory opinion as requested and by 13 votes to one decided that the detachment of the Chagos Archipelago immediately before the final stage of decolonization was wrongful thus violating international law and specifically the right to self-determination. Inter alia the court was of the opinion that the agreement between the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and Mauritius concluded in 1965 leaving Chagos Archipelago under administration of United Kingdom after completion of decoloniz...
After Unilateral Declaration of Independence Kosovo s main struggle is to position itself in the ... more After Unilateral Declaration of Independence Kosovo s main struggle is to position itself in the best way within the international community. Being a new state is like a newborn child who requires support from everyone to get used to and fit into the new life. However, the way the status of Kosovo was resolved seems to put more hardship on Kosovo. Current global development with Cold War rhetoric between the West and Russia and the row over independence could make it very difficult for Kosovo to establish relations with other states and enter international organizations such as the UN, NATO, and the EU Thus, Kosovo has to make a lot of efforts and drain a lot of energy in to lobbying process to get as much recognition as possible. Joining the above mentioned organizations will be very important and will facilitate the engagement of the newborn state in international relations.
This book represents a comprehensive contemporary view of the current, hot, and controversial iss... more This book represents a comprehensive contemporary view of the current, hot, and controversial issues revolving around nuclear energy. It involves issues of international/national security where realpolitik, in terms of power politics, remain key features in State relations. States, through international law and cooperation, managed to put in place a nuclear energy management regime with the Non-Proliferation Treaty as its main pillar. The book analyzes the role of international law in this highly sensitive issue, with referral to specific cases of proliferation and the current standings in the control of nuclear energy. (Series: International Law and International Relations / Volkerrecht und internationale Beziehungen - Vol. 9)
Open Journal for Legal Studies
Ten years after the establishment of the Constitutional Court of Kosovo, this paper aims to exami... more Ten years after the establishment of the Constitutional Court of Kosovo, this paper aims to examine the concept of exhaustion of legal remedies in Kosovo judicial system where an individual has brought a case claiming violation of human rights guaranteed by the Constitution. The paper will focus on analyzing what constitutes an effective legal remedy including ordinary and extraordinary remedies for the purposes of submitting a constitutional complaint with the Constitutional Court. This work is based on the case-law of the Constitutional Court and tries to explain all legal steps that must be observed before submitting a constitutional complaint regarding exhaustion requirement. Furthermore, it will delve deeper into this concept by distinguishing the importance of formal and substantive exhaustion of legal remedies, the interconnectedness of formal and substantive exhaustion of legal remedies and the distinction between them as developed by the case-law of the Constitutional Court. It will conclude by summarizing main characteristics of the concept of exhaustion of legal remedies in Kosovo as it is established by the practice of the Constitutional Court.
Bepress Legal Series, 2006
Kosovo: A Precedent?, 2011
International Journal of Electronic Governance, Dec 31, 2023
Bezbednosni dijalozi, 2015
As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into ... more As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into one's mind: is the world facing resurgence of the Cold War? The fear has become realistic since the annexation of Crimea by Russia in 2014 and worsening of the situation in east Ukraine. The article analyzes the European security and its prospects in the light of the growing tensions between the West and Russia. Particular emphasis is given to the key international treaties such that the Conventional Forces Treaty and Intermediate Range Ballistic Missile Treaty. The author argues that although the relations between the West and Russia are to its lowest point and possibly heading for worse, one can hardly talk about a new Cold War. There is military buildup, and strong rhetoric accompanied by some measures towards condemnation of another party's moves-yet there is still certain level of communication and consent over some issues such as the Iranian nuclear program or fight against terrorism. For a New Cold War to resurge it would be necessary to see the adversaries more or less on equal footing, which does not seem to be the case. The West (NATO) has enlarged since the end of the Cold War but also has become stronger, while Russia does not even remotely resemble the USSR, and its alternatives in Asia cannot compensate for it.
bepress Legal Series, 2006
Croatian International Relations Review, Nov 27, 2017
Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic in... more Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic integration with NATO, keeping its door open towards Western Balkan states. This integration process faces major challenges stemming from different dimensions: NATO's internal unity and its stance towards Kosovo's political status having direct impact in consensual decision making processes; current geopolitical tensions from a global perspective, particularly between the West and Russia; and Kosovo's ability to fulfil NATO's standards and criteria. These challenges might prove very difficult to overcome at least in the current global political and security environment. The objective of this paper is to discuss from legal and geopolitical perspectives the relations between Kosovo and NATO and the challenges, dynamics and perspective of NATO opening a formal integration process for Kosovo.
This chapter discusses the place of Kosovo in between main principles of international law: self ... more This chapter discusses the place of Kosovo in between main principles of international law: self determination, on one hand, and sovereignty and territorial integrity, on the other. It tries to discuss the Kosovo conundrum in between these principles to develop a case where the people of Kosovo would be eligible to use the right to self-determination and secede, as a last resort, from a state where their fundamental human rights and freedoms were denied persistently. The chapter approaches legal, historical and political development of Kosovo from the dissolution of the Ottoman Empire up to its current status. It focuses on the challenges to Kosovo after the declaration of independence and its struggle to enter into international relations. It also discusses the prospects of entering some of the most important international organizations for Kosovo; the United Nations, International Monetary Fund, World Bank, European Union and NATO. Keywords:European Union; international law; International Monetary Fund; Kosovo Conundrum; NATO; Ottoman Empire; Sovereignty; territorial integrity; United Nations; World Bank
International Journal of Human Rights and Constitutional Studies
International Legal Materials, 2019
In its Chagos Advisory Opinion, the International Court of Justice (ICJ) addressed two questions ... more In its Chagos Advisory Opinion, the International Court of Justice (ICJ) addressed two questions posed in a request from the UN General Assembly. First, had Mauritius's decolonization been completed when it gained independence in 1968, after the excision of the Chagos Archipelago? Second, what were the legal consequences flowing from the United Kingdom's continued administration of the Archipelago? It was thought that the Court might shy away from giving an Opinion in this case as, arguably, it concerned a bilateral sovereignty dispute that the United Kingdom had not agreed to have resolved by judicial decision. However, as it turned out, the Court delivered surprisingly robust responses to the questions posed. The Opinion—and the numerous Separate Opinions that accompanied it—offer a thorough re-evaluation of the customary international law (CIL) concerning the right to self-determination in cases of decolonization.
Security Dialogues. Journal in the field of Security, Defence and Peace Studies, 2015
As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into ... more As the relations between the West and Russia seem to spill-over into worst, a dilemma comes into one's mind: is the world facing resurgence of the Cold War? The fear has become realistic since the annexation of Crimea by Russia in 2014 and worsening of the situation in east Ukraine. The article analyzes the European security and its prospects in the light of the growing tensions between the West and Russia. Particular emphasis is given to the key international treaties such that the Conventional Forces Treaty and Intermediate Range Ballistic Missile Treaty. The author argues that although the relations between the West and Russia are to its lowest point and possibly heading for worse, one can hardly talk about a new Cold War. There is military buildup, and strong rhetoric accompanied by some measures towards condemnation of another party's moves-yet there is still certain level of communication and consent over some issues such as the Iranian nuclear program or fight against terrorism. For a New Cold War to resurge it would be necessary to see the adversaries more or less on equal footing, which does not seem to be the case. The West (NATO) has enlarged since the end of the Cold War but also has become stronger, while Russia does not even remotely resemble the USSR, and its alternatives in Asia cannot compensate for it.
Utrecht Journal of International and European Law, 2020
On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opi... more On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opinion on legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. The request for the advisory opinion was made by the United Nations General Assembly (UNGA) through its Resolution 71/292. The Resolution adopted on 22 June 2017 with 94 votes in favor, 15 against and 65 abstantions. The Court held unanimously that it has jurisdiction to give the advisory opinion as requested and by 13 votes to one decided that the detachment of the Chagos Archipelago immediately before the final stage of decolonization was wrongful thus violating international law and specifically the right to self-determination. Inter alia the court was of the opinion that the agreement between the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and Mauritius concluded in 1965 leaving Chagos Archipelago under administration of United Kingdom after completion of decolonization was flawed because it lacked the free expression of the will of the people on the side of Mauritius. Therefore according to the Court the United Kingdom is obliged to bring to an end its administration over Chagos Archipelago as rapidly as possible and that all members states are obliged to cooperate in the process. Eight judges presented their declarations among whom two presented a joint declaration, four judges presented separate opinions and one of the judges presented a dissenting opinion at the end of the proceedings. Thirty three states have submitted written statements. In addition the African Union organization was allowed to submit written statement. Eleven state have submitted comments related to written statements and 23 states have presented their oral argument before the ICJ. The Chagos Archipelago is located in the Indian Ocean about 500 km from the Maldives archipelago.
Croatian International Relations Review, 2017
Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic in... more Since its declaration of independence Kosovo has clearly postured itself towards Euro-Atlantic integration with NATO, keeping its door open towards Western Balkan states. This integration process faces major challenges stemming from different dimensions: NATO’s internal unity and its stance towards Kosovo’s political status having direct impact in consensual decision making processes; current geopolitical tensions from a global perspective, particularly between the West and Russia; and Kosovo’s ability to fulfil NATO’s standards and criteria. These challenges might prove very difficult to overcome at least in the current global political and security environment. The objective of this paper is to discuss from legal and geopolitical perspectives the relations between Kosovo and NATO and the challenges, dynamics and perspective of NATO opening a formal integration process for Kosovo.
Utrecht Journal of International and European Law, 2020
On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opi... more On 25 February 2019 the International Court of Justice (ICJ or the Court) issued its advisory opinion on legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. The request for the advisory opinion was made by the United Nations General Assembly (UNGA) through its Resolution 71/292. The Resolution adopted on 22 June 2017 with 94 votes in favor, 15 against and 65 abstantions. The Court held unanimously that it has jurisdiction to give the advisory opinion as requested and by 13 votes to one decided that the detachment of the Chagos Archipelago immediately before the final stage of decolonization was wrongful thus violating international law and specifically the right to self-determination. Inter alia the court was of the opinion that the agreement between the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and Mauritius concluded in 1965 leaving Chagos Archipelago under administration of United Kingdom after completion of decoloniz...
After Unilateral Declaration of Independence Kosovo s main struggle is to position itself in the ... more After Unilateral Declaration of Independence Kosovo s main struggle is to position itself in the best way within the international community. Being a new state is like a newborn child who requires support from everyone to get used to and fit into the new life. However, the way the status of Kosovo was resolved seems to put more hardship on Kosovo. Current global development with Cold War rhetoric between the West and Russia and the row over independence could make it very difficult for Kosovo to establish relations with other states and enter international organizations such as the UN, NATO, and the EU Thus, Kosovo has to make a lot of efforts and drain a lot of energy in to lobbying process to get as much recognition as possible. Joining the above mentioned organizations will be very important and will facilitate the engagement of the newborn state in international relations.
This book represents a comprehensive contemporary view of the current, hot, and controversial iss... more This book represents a comprehensive contemporary view of the current, hot, and controversial issues revolving around nuclear energy. It involves issues of international/national security where realpolitik, in terms of power politics, remain key features in State relations. States, through international law and cooperation, managed to put in place a nuclear energy management regime with the Non-Proliferation Treaty as its main pillar. The book analyzes the role of international law in this highly sensitive issue, with referral to specific cases of proliferation and the current standings in the control of nuclear energy. (Series: International Law and International Relations / Volkerrecht und internationale Beziehungen - Vol. 9)
Open Journal for Legal Studies
Ten years after the establishment of the Constitutional Court of Kosovo, this paper aims to exami... more Ten years after the establishment of the Constitutional Court of Kosovo, this paper aims to examine the concept of exhaustion of legal remedies in Kosovo judicial system where an individual has brought a case claiming violation of human rights guaranteed by the Constitution. The paper will focus on analyzing what constitutes an effective legal remedy including ordinary and extraordinary remedies for the purposes of submitting a constitutional complaint with the Constitutional Court. This work is based on the case-law of the Constitutional Court and tries to explain all legal steps that must be observed before submitting a constitutional complaint regarding exhaustion requirement. Furthermore, it will delve deeper into this concept by distinguishing the importance of formal and substantive exhaustion of legal remedies, the interconnectedness of formal and substantive exhaustion of legal remedies and the distinction between them as developed by the case-law of the Constitutional Court. It will conclude by summarizing main characteristics of the concept of exhaustion of legal remedies in Kosovo as it is established by the practice of the Constitutional Court.
Bepress Legal Series, 2006
Kosovo: A Precedent?, 2011