Kosovo Independency and International Status in the 21ST Century: Role of Poland and Czech Republic (original) (raw)
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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.
Revista De Paz Y Conflictos, 2011
The way Kosovo is achieving independence has been welcomed with antithetical opinions in the international community, especially with respect to international law. This paper attempts to shed light on the legal trajectory which brought Kosovo on the way to statehood. After determining that Kosovo has not, prima facie, any positive right to independence, its de facto statehood is contrasted with a few doctrines that could contribute to support it, namely self-determination, remedial secession theory, and international dispositive powers. The analysis finds that Kosovo independence might be legally justifiable under a collective recognition theory, possibly supported with remedial arguments. Having further enquired over the effectiveness and the legitimacy of its independent status (statehood criteria), this article contends that such turn of developments in Kosovo is better explained through more genuine political reasoning. The validity of independence as a solution is not debated in itself, but on the basis of the whole process the negative effects of reaching such outcome by the way of a onesided decision are discussed.
Kosovo's challenges to the new international order
inter-disciplinary.net
Three years after its declaration of Independence, Kosovo remains an isolated state in the Eastern Europe, as third of the world's countries doesn't recognize it yet. Without being able to candidate as a member of any international organization and with a low level of diplomatic interactions with the rest of the world, Kosovo is facing both political and social issues, which are hard to overcome.
Kosovo status according to students of the University of Zagreb and the University of Belgrade
Politika nacionalne bezbednosti (The Policy of National Security), 2020
Kosovo independence still remains a key issue on a global scale. In simple terms, there are two contradictory stands on the sovereignty of Kosovo. According to the first one, Kosovo declaration of independence is illegal due to the breach of international law and the constitution of the Republic of Serbia of 2006. Meanwhile the second stand proves that unilateral Kosovo declaration of independence was legal since Kosovo Albanians are fully entitled to the right of self-determination. The following paper presents an opinion on Kosovo independence expressed by the students of the Faculty of Political Science at the University of Belgrade and the University of Zagreb - two most important universities in Serbia and Croatia. The results presented in the paper are based on the survey carried out by the author in 2013.
The policies of the USA and Russia Regarding Kosovo: The recognition of Kosovo ́s sovereignty
The aim of this study is to explain the position of the USA and Russia regarding the status of Kosovo. The new emerging state Kosovo plays a strategic role for both countries and both countries count with Kosovo within their sphere of influence. The declaration of Kosovo independence from 2008 divides the international community on the main question of state sovereignty. USA and Russia have played the role of hegemonic powers since the end of the Second World War, so their voices have a key role within the international scene. The study is designed to demonstrate the conception of the foreign policies of USA and Russia. Firstly, the thesis will try to investigate whether the different positions towards Kosovo status indicate different conceptions of state sovereignty in modern times. On the other hand, there is an option that the different positions of the great powers towards Kosovo are influenced by their self-interests in the whole region of the Balkans, so the status of Kosovo plays a key role within broader goals. The first part of the thesis explains theoretical conceptions of the state interests based on the theory of realism and ideational liberalism. These approaches are necessary to be examined to hypothetically explain the foreign policies and the behavior of the great powers. The explanations of these concepts are necessary for further elaboration and exploration. The thesis then moves to a brief description of the history of Kosovo. The chapter on history will inform about the times, when the first calls for v Kurucz: The Policies of the USA and Russia Regarding Kosovo Kosovo independence were remarked, until the present situation in which Kosovo exists today. For the reader that is willing to better understand the current problem of Kosovo, it is necessary to understand its history because it has created the present picture of the region. Undoubtedly, historical facts are the inseparable parts of lives of people living in Kosovo today. Moreover, the thesis will try to empirically demonstrate the relationships between USA and Kosovo, and Russia towards Kosovo. It is necessary to analyze the aspects of foreign policies of the great powers and try to empirically testify the status of Kosovo according to the conceptions of foreign policy of each power . This chapter should be the key part of the thesis, so it is necessary to make a deep analysis to deduce a conclusion. In conclusion, the thesis does not try to give the basic answer on the recognition or non-recognition of Kosovo sovereignty. The different positions of the great powers may be caused by different interests of the powers in the region that are related to concrete reasons. However, there is an option that there is a different perspective on the meaning of sovereignty in the world today. USA could possibly more emphasize the right of self- determination for the nation that is oppressed, if it is based on the democratic principles. Russia, on the other hand, seems to follow a very traditional concept of state ́s sovereignty, wants to maintain the status quo, regardless of violation of human rights.
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.
The Legal and Political Foundations of Kosovo's Independence
2011
The case of Kosovo‟s independence raised concern regarding setting a precedence for other pro self-determination movements in the world. The critical question is if the Kosovo case actually sets a precedent for these movements or if it is a unique case due to its sui generis situation. This paper is an attempt to analyze the legality and the legitimate right of Kosovo to become an independent state. The study examines the phenomenon of the creation of new states in the world, looking at historical events such as decolonization and the dissolution of communist countries in Eastern Europe. In addition, I have included facts describing the continuous acts of genocide perpetrated by Serbs over the years and the ethnic cleansing and expulsion of Albanian populations through the centuries. Equally important is the analysis of Kosovo‟s status within the 1974 Constitution and its abolition, which in one way started the dissolution of the SFRY. This paper concludes that Kosovo has a historic...
RECOGNITION OF KOSOVO WITH REGARD TO INTERNATIONAL LAW.
In the present international system, state recognition is given much importance due to the issues relating to statehood. Recognition of states is a legal issue associated with international law. According to the international law, there are traditional and modern criteria to be considered when giving recognition to states. An entity has to be considered as a State in the international system if those criteria are satisfied. The objective of this study is to find out whether the discussed entity can be given state recognition with regard to the international aw criteria. This research is a qualitative research based on secondary data. The data analysis procedure is done through the case study method. The case used in this study is Kosovo. In analyzing the case, the international law provisions in giving recognition to states will be applied to the particular case in order to assess its compatibility to be identified as a state. Finally after analyzing the , it can be concluded that Kosovo cannot be given recognition with regard to the international law, but after some changes in government system, then it can be identified as a state.