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eBook details

• Title: Kosovo Precedent--Applicable Many Parts of the World, But Not Directly in the South Caucasus (Report)
• Author : Caucasian Review of International Affairs
• Release Date : January 01, 2009
• Genre: Politics & Current Events,Books,
• Pages : * pages
• Size : 72 KB

Description

The Insolvable Dissent in International Law The issue of an independent Kosovo entered the debate in international relations in June 1999 when UN Security Council Resolution 1244 established an international trusteeship in Kosovo. Since then, many efforts have been made by Kosovo Albanians and international organisations to establish a functional state in the former Serbian province (which it still is according to UNSCR 1244). The state-building process finally led to the declaration of independence by the Kosovan parliament and government in February 2008 and its recognition by a large number of EU member states shortly afterwards. Those states argue that Kosovo, after the atrocities in the past, can never become an integral part of Serbia again and refer to the right of secession, which is derived from the principle of self-determination of peoples. This is one of the principles in international law and is contradictory to the principle of state sovereignty and territorial integrity. Both concepts are principles of the UN Charter: While Article 1 argues that the "friendly relations among nations (are) based on respect for the principle of equal rights and self-determination of peoples" (1), Article 2 argues that "all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state (...)". (2) There is an ongoing debate in the study of international law on the question of how to overcome the ambiguity of the UN Charter and its two contrary principles.

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