Kosovo's challenges to the new international order (original) (raw)
Related papers
KOSOVO: THE UNPRECEDENTED STATE
This paper argues that Kosovo’s quest to independence is a unique case, hence it entitles Kosovo to break independent without violating international law. The case made here is based on a number of arguments, from the specific political dynamics that have brought Kosovo to this day, its legal and moral right to state succession from former Yugoslavia as a federal entity, to the attempted genocide and consistent brutal treatment of the Albanian majority for decades. For most analysts, the dilemma is no longer “whether” Kosovo will become independent, but “when” and “how”. UNOSEK’s Comprehensive Proposal1 for the future status has helped the vast majority of international stakeholders to converge around a consensual position – supervised independence. Now, many governments publicly recognized independence as the only viable solution for Kosovo. With the full support of the United States and most EU countries, the UN Secretary General, Ban Ki-moon, has fully endorsed the outcome as outlined in Ahtisaari’s proposed settlement. The case here highlights a set of circumstances that distinguish Kosovo’s claim for independence from other entities potentially seeking statehood. During the last eight years Kosovo has functioned as an international protectorate. Prior to that, Kosovo’s majority population has been subject to systematic violations of human rights, which culminated with ethnic cleansing, finally brought to an end via forceful humanitarian intervention. For decades under former Yugoslavia, Kosovo was an autonomous province within the Republic of Serbia and at the same time a constitutive unit of the Yugoslav Federation as other republics, including the right to veto.
State Building Challenges and the European Integration Process: The Kosovo Case
Kosovo, a new state which is in the process of international recognition of its statehood, after the 1999 war, and until the declaration of independence in 2008, has faced a number of challenges during its efforts to build the democratic system and order. Following the declaration of independence and a considerable number of international recognitions, Kosovo’s new democratic institutions are taking their responsibilities for the country's integration into the European Union. This paper provides one overview of state building challenges and the European integration process of the Republic of Kosovo. Kosovo has its old and new history, which was decided by the great powers in London, Berlin, Paris, in Yalta and Potsdam, and later in Dayton and Rambouillet. The purpose of this paper is to examine the historical roots of the independence movement among Kosovo Albanians, until the declaration of independence on February 17, 2008, and the state-creating challenges of the Kosovo state...
Three Essays on Kosovo - Essay III
Kosovo still represents a clear case of international state-building efforts in the 21 st century. In particular, international institutions like UN, NATO, EU along with individual countries have led state-building since the end of the conflict in 1999. The case of Kosovo is particularly important when addressing questions related to the transition from a centralized to a market economy; intervention and international legitimacy; collective trauma and dealing with the past as well as core difficulties faced by transitioning democracies. At first, state building in both Bosnia and Kosovo was primarily driven by the US. Gradually, the EU has taken over in both countries. 1 As for now, one of the main problems remain Kosovo's lack legitimacy in the north, which impedes the state's sovereignty. We will analyses key periods and actors that have influenced the establishment and development of the Republic of Kosovo.
2019
What path awaits emerging states that lack universal recognition of their statehood in their quest for international integration amidst international contestation and the lack of a consensual settlement with their predecessor state? This thesis investigates the case of Kosovo as an independent and widely recognised state but yet contested by a segment of the international community and particularly by Serbia as its former sovereign. It aims to assess its prospects of integration in the international system under the conditions of contested statehood, focusing in particular on the UN system. The concept of statehood is initially analysed against the background of international law and state practice to understand whether contested states are denied meaningful international participation due to the failure to meet the requirements of statehood or on grounds unrelated to that. Kosovo’s international integration is subsequently assessed and put into perspective by drawing on the comparative method to make comparisons with other contested states, particularly with Palestine and Taiwan, as well as with confirmed states in its context, most notably Albania and Serbia. The challenges and obstacles faced in this process and the practices and strategies employed to overcome them, are examined by drawing on the case study method. The analysis of the UN system reveals that Kosovo may be able to expand its membership to four more UN specialised agencies (WHO, WIPO, UNIDO, IFAD) without substantive difficulties, while others are less likely attainable under the status quo. Moreover, the thesis argues that ‘non-member observer state’ status in the UN may be an attainable and viable alternative to UN membership, as such a status would imply statehood recognition, strengthen Kosovo’s international subjectivity, increase its international participation, and facilitate accession to numerous UN treaties and international mechanisms of justice, most notably the ICC and ICJ.
Role of International Actors within International law in the process of Kosovo’s state-building
ABSTRACT International actors plays a key role in Kosovo's state-building process through influential states diplomacy and referring them to the principles of international law, which entails sources of international law, such as declarations, conventions, international treaties, etc. Building a legal framework at the international level, to respect and fully recognize human rights and universal values of society in general, they are accepted by the international community as one of the most important dimensions of diplomacy, without which there would not have been possible to establish relationships and standards to meet the aims of states in certain areas such as political, economic,cultural and social security. Kosovo as a new state is being consolidated within a modern legal framework, which is harmonized with the relevant international acts, they are applied directly and are part of its legislation. Being a functional state, with modern democratic society necessarily requires strong legitimate state, rule of law and all of the above the recognition and respect of human rights. Kosovo has reached in the transitional development stage, as a joint project with the international community. It is evident that the flow of consolidation, leaves much to be desired when it comes to the implementation and observance of laws, which are and should be in accordance with international legal framework. Regarding this, this Paper provides conclusions and answers on some of the issues, such as: - Approach from the international law perspective of finalizing statehood development; - Arguments, the processes and the dynamics of the actions of the international community; - Agreements on the basis of diplomacy and the basis of international law ; - Mechanisms and applicable forms to final status. Keywords: state , the international community , international law , the internal and external sovereignty, Constitution, Ahtisaari’s package
Kosovo: Between Western and Non-Western States
Florian Bieber and Nikolaos Tzifakis (eds), The Western Balkans in the World: Linkages and Relations with External Actors. London: Routledge., 2019
This chapter offers an overview of Kosovo’s relationship with western and non-western states. It argues that Kosovo’s external linkages are predominantly determined by the historical context of state formation which has forced Kosovo to pursue an inward-looking, pragmatic, and situational approach to foreign affairs. Kosovo’s journey to state-becoming required pragmatic navigation towards external actors permitting an unprecedented level of external intervention in shaping and influencing Kosovo’s policies in exchange for political and economic support. This chapter first examines Kosovo’s strategic entanglement with western states to demonstrate how the foreign policy of recognition and thrust for statebuilding have become the contextual bedrock for aligning fanatically with Euro-Atlantic community of states, organisations, and political agendas. The chapter then explores Kosovo’s relations with non-western states to illustrate how history, religion, and geography play a role in determining the nascent state’s relations with the rest of the word. In the final section, the chapter offers an outlook of Kosovo’s future entanglement with western and non-western states.
Nowadays the Balkans probably can be considered as one of the most problematic and unstable regions that causes instability and threatens regional security. The region presents a significant sphere of interest not only for the European Union and Russia, but also for the United States. This complexity might probably indicate one of the main causes of ongoing and not so successful attempts to establish peace in the region. It can be said that one of the most recent concerning issues in the Balkans, that attracted attention of leading international actors and caused strong antagonism is the case of Kosovo independence. This essay will consider why Kosovo case presents such a complicated problem and raises so strong contradictions. Process of disintegration of Yugoslavia and creation of new states will be examined together with paying attention to inter-ethnic relations in the region and the role of international actors in the events.
Kosovo Independency and International Status in the 21ST Century: Role of Poland and Czech Republic
Baltic Journal of Legal and Social Sciences
This article is aimed to describe the process of Kosovo independence recognition, its main stages, chronology, and international status of Kosovo in 21th century under the scope of its economic and political engagement at the global arena through the reports and recommendations of international organization. Compliance of Kosovo state with the international criteria on the independency recognition is also presented in the article through overview of basic recognized legal requirements and approaches. Described the position of the sovereign state acting in accordance with its national interests and important role played by individual states, Poland and Czech Republic in particular, their military and political engagement, and social reaction to the conflict and Kosovo recognition, as well as by non-state, non-governmental and social actors, but also international organizations regarding path and recognition of Kosovo independency. Kosovo domestic state of play with respect to the ind...
Kosovo, Self-Determination and the International Order
Europe-Asia Studies, 2013
The contributions to the special section 'Post-Soviet Conflict Potentials' are based on presentations given during the fourth annual international conference, 'Breaking the Ice of Frozen Conflicts? Understanding Territorial Conflicts in East and Southeast Europe', at the Institute for East and Southeast European Studies (now Leibniz Institute for East and Southeast European Studies (IOS)) in 2016; on discussions during an international authors' workshop at the IOS in May 2017; and on invitations arising from these events. The guest editor thanks Tanja Tamminen and Hanna Smith for their earlier input and engagement in preparing this special section. Cindy Wittke also thanks the Leibniz Institute for East and Southeast European Studies for funding the language editing for all contributions to the special section.