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Journal articles on the topic 'Kosovo (Republic) – International status'
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1
Mokretska, Maryna. "KOSOVO INDEPENDENCY AND INTERNATIONAL STATUS IN THE 21ST CENTURY: ROLE OF POLAND AND CZECH REPUBLIC." Baltic Journal of Legal and Social Sciences, no. 4 (January 2, 2023): 146–51. http://dx.doi.org/10.30525/2592-8813-2022-4-17.
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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 independency path and international status are also presented for consideration.
2
Gajić, Aleksandar. "The nature and the status of the Kosovo Specialist Chambers and Specialist Prosecutor's Office: The European Union project implemented through "Kosovo legislation"." Crimen 13, no. 3 (2022): 231–46. http://dx.doi.org/10.5937/crimen2203231g.
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In this article, the Author considers various issues concerning the nature and the status of the Kosovo Specialist Chambers and Specialist Prosecutor's Office whose establishment was projected by the European Union (in the field of foreign and security policy) and implemented through legal instruments of the so-called "Republic of Kosovo", with the full logistical and financial support of the European Union. Those judicial institutions deal with key events from 1998 to 2000 and also with the legal qualifications and status under international law of the main actors in the conflict on the territory of Kosovo and Metohija. The institutional and Legal framework established by the creation of the Kosovo Specialist Chambers and Specialist Prosecutor's Office enables implementation of the prosecutorial policy that goes in the direction of the "legalization" of the Kosovo Liberation Army and strengthening the claim of certain political actors for Kosovo independence.
3
Dimitrijevic, Dusko, Ivona Ladjevac, and Mihajlo Vucic. "The analysis of un activities in resolving the issue of Kosovo and Metohija." Medjunarodni problemi 64, no. 4 (2012): 442–78. http://dx.doi.org/10.2298/medjp1204442d.
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After the Security Council had established the international administration in Kosovo on grounds of the Resolution no. 1244 of 10 June 1999 for the construction and reconstruction of the legal and economic systems, the support and protection of human rights, the provision of humanitarian and other assistance, it adopted the conclusion that the achievement of a political settlement for the southern Serbian province would primarily depend on the development and consolidation of peace and security. Accordingly, in May 2001, the international administration adopted the Constitutional Framework for Provisional Self- Government in Kosovo, which defined the status of the Serbian southern province as a whole and indivisible territorial entity under the interim international administration. The Constitutional Framework is regulated as a substantial transfer of state responsibilities by the peoples of Kosovo and Metohija to the provisional institutions of self-government and it should ?enjoy substantial autonomy within the Federal Republic of Yugoslavia?. This institutional development is aimed at establishing constructive cooperation among various ethnic communities in order to build a common democratic state. Since this solution is not quite legally balanced, it could not go without any negative consequences in terms of national sovereignty. The suspension of sovereignty of the Republic of Serbia in Kosovo and Metohija has eventually contributed to creating of the conditions for the socalled unilateral declaration of independence of the Republic of Kosovo. The analysis of the activities undertaken in the field of resolving the status issue after the unilateral declaration of independence of 17 February 2008 suggests that the solution for the Kosovo and Metohija should be primarily sought within the United Nations system.
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Hebda, Wiktor. "KOSOVO STATUS ACCORDING TO STUDENTS OF THE UNIVERSITY OF ZAGREB AND THE UNIVERSITY OF BELGRADE." Politika nacionalne bezbednosti 18, no. 1/2020 (May 25, 2020): 201–19. http://dx.doi.org/10.22182/pnb.1812020.9.
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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.
5
Bartmann, Barry. "Between De Jure and De Facto Statehood: Revisiting the Status Issue for Taiwan." Island Studies Journal 3, no. 1 (2008): 113–28. http://dx.doi.org/10.24043/isj.218.
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This paper revisits the status prospects for Taiwan in light of recent events in Kosovo and Tibet. In both cases, and certainly in Taiwan itself, the long standing contest between claims for self determination and the tenacious defence of the principle of the territorial integrity of states has emerged once again to dominate the analysis of these cases. This contest is particularly dramatic in the divided international response to the independence of Kosovo. In the case of Tibet, widespread international support for Tibet is in sharp contrast to the furious and determined resistance of China. Taiwan’s anomalous status remains that of a legal sovereign state, the Republic of China, enjoying some measure of recognition and formal diplomacy and a de facto state whose international relations are confined to paradiplomatic channels, extensive though they are. The paper considers the prospects for changes in the current anomalous status of the island state.
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Istrefi, Kushtrim. "Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’." Review of Central and East European Law 45, no. 4 (December 16, 2020): 432–43. http://dx.doi.org/10.1163/15730352-bja10036.
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Abstract Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges working on privatization matters, “simply continued to ignore the existence of Kosovo as an independent State and its legislation emanating from its Assembly”. The kcc stated this after eulex judges working on privatization matters had refused to respect Kosovo laws and institutions subsequent to the 2008 Kosovo Declaration of Independence. This paper explores the judicial dialogue on Kosovo’s independence between eulex judges and the kcc and identifies the limitations and risks of the ‘status neutral’ policy applied by international organizations to collaborate with Kosovar institutions without prejudging its political status. This submission suggests that ‘status neutrality’ leads to either acceptance or contestation of Kosovo’s statehood and thus brings more uncertainty than clarity to Kosovo’s position in international relations.
7
Johanson, Märta. "Kosovo: Boundaries and the Liberal Dilemma." Nordic Journal of International Law 73, no. 4 (2004): 535–49. http://dx.doi.org/10.1163/1571810043083342.
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AbstractA common position adopted by international lawyers on State borders is that they should be changed as little as possible, as allowing too much scope for changes to borders risks opening up a Pandora's box of unending claims. The liberal position on international boundaries posits that the location of a State's external boundaries matters little anyway, as the liberal State can function within any borders. The article attempts to provide a critique of these positions, and argues that another approach to borders, and particularly to boundaries at the dissolution of States, is needed. The liberal assumption does not adequately respond to boundary changes in non-liberal States. Differences between borders, and the importance attached to these differences in different contexts, have attracted little attention by international lawyers. Because the same solution often tends to lead to different results in different contexts, attempting to apply Public International Law rules, such as a modern version of uti possidetis, to boundaries in all cases of State dissolutions and new State formations, forms not only an insuf ficient response, but might in fact risk contravening obligations under the UN Charter to maintain international peace and security. The con flicts over the republican boundaries of the Socialist Federal Republic of Yugoslavia (SFRY) in the early 1990s exemplify that an automatic conversion of federal boundaries into international ones risks undermining long-term peaceful solutions. The final status of Kosovo, and the issue of its borders, remains a challenge for the international community. In light of the recent tensions in Kosovo existing territorial and political assumptions need to be reexamined, in order that the solution adopted for the territory accord with international obligations set out under the UN Charter.
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Qerimi, Qerim, and Suzana Krasniqi. "Theories and Practice of State Succession to Bilateral Treaties: The Recent Experience of Kosovo." German Law Journal 14, no. 9 (September 1, 2013): 1639–59. http://dx.doi.org/10.1017/s2071832200002455.
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This article explores the most recent practice, as exemplified by the case of Kosovo, concerning succession to treaties in international law. In doing so, it examines the precise meaning and legal effects under international law of relevant provisions of the Declaration of Independence (DoI) of Kosovo with respect to international treaties concluded by the United Nations Interim Administration Mission in Kosovo (UNMIK) and the former Socialist Federal Republic of Yugoslavia (SFRY) or, as applicable, any other predecessor entity. More specifically, the aim is to identify and comprehend the fundamental principles underlying the existing or developing practice of treaty succession, and to situate it within a broader framework of succession in international law. Kosovo's absence from key multilateral regimes, in particular the United Nations, dictates a focus on succession to bilateral treaties. Kosovo is in the process of establishing with its partners the status of its bilateral treaties undertaken by way of succession.
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Pavlović, Aleksandar. "The everyday life of the Serbs in Northern Kosovska Mitrovica in the conditions of the undefined institutional status." Bastina, no. 51 (2020): 461–80. http://dx.doi.org/10.5937/bastina30-26304.
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In this paper the author presents the results of the research of the everyday life of the Serbs in Northern Kosovska Mitrovica in the conditions of the altered socio-political context after the war on Kosovo and Metohija in 1999. The main attention is paid to the status and the functioning of institutions. The aim of the paper is to offer a contribution based on the conceptualization of the ethnographic field work material in order to give the account of the everyday experience of Serbs in Northern Kosovska Mitrovica in the conditions of the undefined institutional relations caused by the withdrawal of Serbian authorities from Kosovo and Metohija, the introduction of an international protectorate and the unilateral declaration of Kosovo independence. The results presented in this paper were obtained from the field research conducted several times from 2011 to 2015 in a total duration of over eight months. The change of social-political context after the war in 1999 led to major structural disruptions in Kosovo and Metohija. These disruptions were felt especially in the institutional sphere, where they reflected in almost all aspects of the everyday life of Serbs in this area. The undefined status of institutions, in this regard, has shown to be one of the key issues in the context of the everyday life of the Serb population in Northern Kosovska Mitrovica. The survival of the Serbian institutions for the Serbs in this town represented a confirmation of the presence of the Republic of Serbia in the North of Kosovo and Metohija, which was an important symbol of identification of the local Serbs with the state they considered their own. These institutions, on the other hand, have been under intense international and Albanian pressure since the war in 1999, i. e. under the constant threat of abolition, which caused a continuous feeling of insecurity among the Serbs in Northern Kosovska Mitrovica and the concerns regarding their own survival. In the conditions of contested legitimacy the Serbs did not accept the imposed instances of international and Kosovo administration, while the international regulatory bodies and Kosovo institutions did not recognize institutions of the Republic of Serbia, considering them "parallel", i. e. illegal. In Northern Kosovska Mitrovica this led to a social situation characterized by the absence of clearly defined authorities, especially in the domain of executive structures, in which the Serbs in this town led their everyday life in a gap between their needs for carrying out various daily practices on the one hand, and on the other the reality interwoven with intricate institutional relations. The Serbs in Northern Kosovska Mitrovica were forced to adapt to living in "parallel" realities, deprived of the "normalcy" of everyday life inherent in organized societies. Yet, even though they learned how to adapt to those circumstances and even how to take advantage of them, such a reality created a number of everyday problems which, in the conditions of general uncertainty, made their situation even more unfavorable.
10
Stevanović, Miroslav, and Dragan Đurđević. "Cultural heritage in K&M in the light of implementation of UN Security Council Resolution 1244." Megatrend revija 18, no. 2 (2021): 185–204. http://dx.doi.org/10.5937/megrev2102185s.
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On the part of the Republic of Serbia, the UN Security Council has established a temporary mandate of the United Nations. During this mandate, self-government institutions should be developed, until a political solution is reached about the final political status of that part of the territory. As the territorialization of any political community implies the tradition in specific region, thus among the elements for considering are the historical ones, which are evidenced by the cultural heritage in the area. This significance is recognized at the international level and heritage enjoys international protection. In the case of Kosovo and Metohija, under the complex administration mechanism of the United Nations, temporary Kosovo institutions and the European Union, there is a large scale destruction of religious buildings, cemeteries and other sites related to the history and life of the Serbian people there. This paper looks into the implementation of the umbrella legal framework under which the destruction of cultural heritage is possible. In this context, we look at the responsibilities for protection, the theoretical approach behind current practice and the possibilities mandated by Security Council Resolution 1244. The aim of this work is to examine whether the practice of non-compliance with international law regarding the protection of cultural heritage in Kosovo and Metohija is a consequence of noncompliance or inconsistent application of a legally binding Security Council resolution. The analysis shows that the current protection mechanism is inadequate, that apologetic approaches are being developed in theory that justify distortion of historical facts and voluntaristic targeted interpretation of law, but that Resolution 1244 is not an obstacle to the protection of cultural heritage in Kosovo and Metohija. Direct involvment of the Republic of Serbia with other international subjects in protection of its heritage is in line with the development in international cultural law, which increasingly imposes the need to ensure the coordination of international entities for the implementation of international norms governing the obligation to protect cultural goods and sites. As the Republic of Serbia is the party to relevant international agreements and has a legitimate interest in preserving its identity and heritage in Kosovo and Metohija, the complexity of relations regarding the province's final status requires a special strategy to protect cultural heritage and to insist on consistent implementation of United Nations Security Council Resolution 1244.
11
Stošić, Sanja, and Mića Živojinović. "The geoeconomics of Kosovo and Metohija in the geopolitical pattern of the United States." Vojno delo 74, no. 3 (2022): 32–46. http://dx.doi.org/10.5937/vojdelo2203032s.
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Having in mind the number of countries that have recognized the independently proclaimed state of Kosovo, contrary to the principles of international law that does not recognize self-determination and secession, as well as those countries that have not recognized it, it can be concluded that the area of Kosovo and Metohija, as an integral part of the territory of the Republic of Serbia, has no status of an internationally recognized country. On the other hand, taking into account the natural resources in the area of the Kosovo-Metohija basin, especially mineral wealth, Kosovo and Metohija with its geoeconomic potential has not accidentally found itself in the global geopolitical pattern defined by the US. By aggression on the FRY, that is, the RS, NATO forces led by the US brought the area of Kosovo and Metohija under control in the form of a protectorate of the already instrumentalized UN. Namely, in line with Joseph Nye's theory of "hard and soft power", the Kosovo-Metohija region, or the southern Serbian province, was placed under "hard occupation", i.e. the patronage of NATO forces called KFOR. The "elasticity" of international law that characterizes political relations among the existing powers and power centres on a global scale produces a high level of mutual competition for resources, security and economic prestige, increasing the potential for escalating conflicts. Therefore, in addition to the increasingly pronounced security and crisis aspects, it is necessary to look at the geoeconomic and geopolitical place, importance and role of Kosovo and Metohija, as one of the currently greatest NATO bases in Europe and as an imperialist reflection of the US and/or a perspective expression of the RS.
12
Pavlenko, Alexander. "The Development of Internal Political Processes in Kosovo (1999-2017)." Mìžnarodnì zv’âzki Ukraïni: naukovì pošuki ì znahìdki, no. 26 (November 27, 2017): 325–42. http://dx.doi.org/10.15407/mzu2017.26.325.
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Influence of Yugoslavia’s collapse, as well as of external factors on Kosovo’s separation from Serbia is explored in this article. Particular features of Kosovo’s internal policy development and problems with a full international recognition of its independence are also highlighted. The problem of Kosovo’s status within the diplomacy of “power poles” in modern international relations system in the context of NATO’s war against Yugoslavia in 1999 is underlined. Kosovo is a multi-party parliamentary representative democratic republic. The State is governed by legislative, executive and judicial institutions which derive from the Constitution adopted in June 2008, although until the Brussels Agreement, North Kosovo was largely controlled by institutions of the Republic of Serbia or parallel institutions, funded by Serbia. The legislative power in Kosovo is held by Parliament. The executive authority is vested in the Government, headed by Prime Minister. The President is Head of State and represents the unity of the people, elected every five years, indirectly by the National Assembly, in a secret ballot by a two thirds majority of all deputies of the Assembly. Key trends in Serbian policy towards Kosovo after the democratic transformation of its political system and in conditions of Serbia’s aspirations for European integration was examined. The process of Kosovo’s recognition has shown that Kosovo is an irreversible reality and an essential factor for peace and stability in the Balkan region. This could be best proved by the recognition of Kosovo among all neighboring countries (except Serbia), by the vast majority of the countries in the region and the Euro-Atlantic community.
13
Filimonova, Anna Igorevna, and Kseniya Dmitrievna Kot. "The negotiation process and the Martti Ahtisaari Plan as a way to the unconditional state independence of the "Republic of Kosovo"." Uchenyy Sovet (Academic Council), no. 4 (March 18, 2021): 257 (322)—269 (333). http://dx.doi.org/10.33920/nik-02-2104-02.
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The article presents an analysis of one of the most acute and urgent problems of our time — the acquisition of the de facto independence declared by Pristina on February 17, 2008 by the separatist forces of the Kosovo Albanians, represented mainly by the former leaders of the so-called Kosovo Liberation Army, of the sabotage and punitive character of the fighting, and the Albanian politicians completely subordinate to them by that time. The authors focused on identifying the role of the UN (UN Security Council and the UN Civil Administration in Kosovo and Metohija — UNMIK), the United States, the EU, and Serbia since the beginning of the illegitimate process of negotiations, not on the implementation of the binding UN Security Council Resolution No. 1244, but on the completely contradictory negotiations on the status of Kosovo and Metohija, the failure of which, however, led, as planned, to the proclamation of the creation of the "Republic of Kosovo" and its subsequent strengthening on the basis of the principles underlying the preparation and conduct of these negotiations, as well as the Martti Ahtisaari Plan. The article covers the period from the end of the NATO military aggression against the FRY (June 1999) to February 17, 2008 – the starting point of the creation of the quasistate of Kosovo. The materials of the article can be used in the educational process within the "International Relations" and "Political Science" program tracks. English version of the article on pp. 322-333 at URL: https://panor.ru/articles/negotiation-and-martti-ahtisaariplan-as-a-path-to-the-unconditional-state-independence-of-the-republic-of-kosovo/65975.html
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Brava, Feim. "POLICIES AND MANAGEMENT IN THE FIELD OF SECURITY IN KOSOVO." Knowledge International Journal 26, no. 6 (March 18, 2019): 1839–42. http://dx.doi.org/10.35120/kij26061839b.
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Writing for security and security policies in Kosovo is a special pleasure. As it is well known, the Republic of Kosovo is one of the newest states in the world since it was separated from the Republic of Serbia in 1999 after the NATO military intervention, internationally recognized as an independent state from 116 countries around the world it should be noted that only 23 European Union countries have been recognized as independent states by 28 as the EU has. Kosovo as a new country with about 1.8 million people has had great achievements in the field of national security. A serious problem is the non-recognition of Kosovo as an independent state from five European countries (Spain, Greece, Slovakia, Cyprus and Romania), problems which continue to this day because of Kosovo's need for support from these countries around the membership in International Security Organizations, where their vote is very important. Another challenge is the consequence of the first problem and not having the opportunity for the new state to join international security organizations (such as Europol, Interpol), mainly due to non-recognition by the five European countries, which mentioned above. A very important element is the control of Kosovo's territory by Kosovo's security forces, which is a constant challenge but with many achievements. It is worth pointing out that Kosovo's security organs are very well formed. The socio-economic situation and the global crisis that has affected especially Balkan countries, Kosovo is still in the process of pursuing its goals for its citizens and high security for foreign visitors.
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CHESTERMAN, SIMON. "International Territorial Administration and the Limits of Law." Leiden Journal of International Law 23, no. 2 (April 27, 2010): 437–47. http://dx.doi.org/10.1017/s0922156510000130.
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The year 2009 was one of many anniversaries for the state-building project. It marked ten years since the United Nations began its bold experiments of state-building in East Timor and Kosovo, now the independent state of Timor-Leste and the embryonic Republic of Kosovo respectively. It was twenty years since Namibia held elections in the course of becoming independent, heralding a new post-Cold War activism. It was also ninety years since the League of Nations established the mandate system, which – even though it applied only to the colonies of enemy states defeated in the Great War – marked the beginning of the end of colonialism.
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Bogdanov, Plamen. "WHAT HAPPENED THAT LEAD TO THE WAR IN KOSOVO." Knowledge International Journal 30, no. 6 (March 20, 2019): 1511–16. http://dx.doi.org/10.35120/kij30061511b.
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As it is well known, in Kosovo on June 12 the last war in which the country has passed has ended. On this date, NATO troops, called KFOR, have been established in the territory of Kosovo, an international military force that still operates within the territory of the state and is responsible for the security of the Republic of Kosovo, in accordance with United Nations Resolution 1244 United States and based on Kumanovo's technical-military agreement. This military force has the mandate to create and maintain the security of Kosovo's citizens and at the same time to control and oversee Kosovo's borders. It should be noted that this military force has a mandate to operate within the territory of Kosovo, but we must bear in mind that today Kosovo needs immediate access to international security organizations such as Europol and Interpol for reasons of growth (terrorism, human trafficking, international trafficking in narcotics, etc.), as well as in terms of nationality and problems that threaten the globe. Control of the entire territory of Kosovo is a challenge in itself.
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Ceku, Orhan Maxhun, Sheqir Kutllovci, Ardian Emini, and Petrit Nimani. "Money laundering as a form of economic criminality – The case of the Republic of Kosovo." International Journal of Management Excellence 12, no. 3 (April 30, 2019): 1860–66. http://dx.doi.org/10.17722/ijme.v12i3.1083.
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Economic criminality is a criminal activity that violates the economic and property values of the state, harms the public budget, and causes losses to economic entities, harms society in general. Combating and preventing this criminal activity that takes on transnational crime dimensions requires repressive legislation and international cooperation of sovereign states. Republic of Kosovo is assessed as a country that has largely expressed the phenomenon of economic criminality, in particular, money laundering, corruption, tax evasion, trafficking in human beings and as a transit country of drug trafficking.This paper addresses the legislation that prevents and fights the criminal offense of money laundering in the Republic of Kosovo. The paper also includes international instruments that regulate the fight against money laundering. The negative effects of the criminal offense of money laundering appear to be more pronounced in small countries and with non-consolidated democracies such as Kosovo. Kosovo's legislation has been continuously adapted to the conditions and circumstances by taking the pattern of EU legislation and international conventions of the UN system.
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Currie, John. "NATO’s Humanitarian Intervention in Kosovo: Making or Breaking International Law?" Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 303–33. http://dx.doi.org/10.1017/s0069005800006949.
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SummaryNATO’s seventy-nine-day campaign of air strikes against the Federal Republic of Yugoslavia has sparked a wide-ranging debate as to the legality of such military action. NATO has consistently justified its intervention on humanitarian grounds, thus clearly resorting to the controversial doctrine of “humanitarian intervention.” The author argues that while a conventional analysis of the purported right of unilateral humanitarian intervention under international law and of NATO’s acts on the Kosovo issue might lead some individuals to the conclusion that such acts were illegal (or, at best, of dubious legality), this conclusion fails to take into account the fact that state actors, particularly when acting in concert, tend to influence the content of international law itself. The author suggests that the true significance of NATO’s forcible intervention in the Kosovo crisis is that it sets a clear precedent that may well crystallize an emergent norm of customary international law permitting forcible intervention by one or more states against another on humanitarian grounds, even without prior UN Security Council authorization. While such a norm may acquire universal status, it is also possible, in light of the regional concentration of the primary actors involved as well as of important objections from some quarters as to its legality, that it will acquire (at least in the first instance) a local or regional character, perhaps confined to the Euro-Atlantic area.
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Mirovic, Dejan. "Why Serbia is asked to recognize Kosovo with comparative examples of Bangladesh and Turkish Republic of Northern Cyprus." Zbornik Matice srpske za drustvene nauke, no. 149 (2014): 991–1000. http://dx.doi.org/10.2298/zmsdn1449991m.
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In the context of public international law and relations between principles of territorial integrity and right to self-determination, independence of Kosovo will never be legal if it is not recognized by Serbia. This can be concluded from the examples of violent secession of Bangladesh and Turkish Republic of Northern Cyprus. That is why Serbia still has a right to decide about the independence of Kosovo and Metohija despite signing Brussels Agreement and the fact that 100 UN member states recognized Kosovo as an independent state. Forty years after the secession of northern part of the island, Nicosia has not recognized Turkish republic of Northern Cyprus, which caused that this secessionist creation does not become a member of the UN. Its independence is not full from the perspective of international law, and this fact that cannot be disputed in spite of the factual occupation of the northern part of island by Turkey. On the other side, Pakistan recognized the independence of Bangladesh and forever lost half of its population and state territory. In return, half of its foreign debt was written off, 90,000 prisoners were released and 13,000 square kilometers of territory in western part of Pakistan, controlled by India, were returned. However, no one is offering anything similar to Serbia to recognize the independence of Kosovo. Debts of Kosovo towards IMF and World Bank are paid by Serbia. In addition, if Serbia recognized the independence of Kosovo, Serbia would lose about 100,000 Serbs living on that territory and about 1,200 square kilometers of territory in the northern part of Kosovo which is not controlled by Pristina. In that context, it is clear that principles of territorial integrity are still stronger in international law then right to self-determination. Postmodernist theories have a goal to hide that fact. Key of the independence of so-called ?Kosovo? is still in hands of Belgrade. That is why there are so many persistent attempts and strong pressures from the West to recognize the independence of ?Kosovo?. Example of Cyprus shows how to resist those attempts within the framework of public international law (by applying the principles of territorial integrity). However, if in the future Serbia chooses the same approach as Pakistan in the case of Bangladesh, Kosovo will be lost forever. At that moment, it would be clear that the relations of great powers in the world have changed.
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Cvijic, Srdjan. "Swinging the Pendulum: World War II History, Politics, National Identity and Difficulties of Reconciliation in Croatia and Serbia." Nationalities Papers 36, no. 4 (September 2008): 713–40. http://dx.doi.org/10.1080/00905990802230563.
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The downfall of communist Yugoslavia and the democratization process that followed at the end of the 1980s have led to the fragmentation of the country, which was accompanied by several wars of different intensity and duration (1991–1999). From the ashes of what once was the Socialist Federal Republic of Yugoslavia raised six independent states: Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, Macedonia and Serbia. The situation relating to the southern Serbian province of Kosovo, after its unilateral declaration of independence at the beginning of 2008, and subsequent recognition by parts of the international community, remains unclear. Slovenia is already in the EU, while the rest of the former Yugoslav republics, within the framework of the Stabilization and Association Process of the European Union, have the status of EU Candidate or Potential Candidate countries and are slowly moving towards EU membership.
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Mitić, Aleksandar. "The position of the people's Republic of China on Kosovo and Metohija in the context of the defence of international law and the expansion of the interest frontiers." Vojno delo 74, no. 3 (2022): 17–31. http://dx.doi.org/10.5937/vojdelo2203017m.
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Despite the geopolitical challenges in the immediate environment in Central Asia and the Pacific, the People's Republic of China plays an increasingly active diplomatic role in the Balkans, primarily by providing unconditional support to Belgrade regarding Kosovo and Metohija. Is it an isolated step forward or a tactical move that is in line with the new strategic foreign policy thinking? In search for an answer, the paper considers the evolution of the principle of non-interference in China's foreign policy, its re-evaluation and adaptation in the context of the transition to a multipolar world order, the expansion of the "interest frontiers" conditioned by the Belt and Road Initiative, and the preservation of China's territorial integrity and sovereignty in the matter of Tibet, Xinjiang, Hong Kong and Taiwan. The paper analyses the processes that have strengthened Beijing's position on Kosovo and Metohija in recent years: the derecognition of Taiwan and Kosovo and Metohija, the increased Western pressure on Xinjiang and Hong Kong, and the understanding that resolving the status of Kosovo and Metohija is impossible without China's approval in the UN Security Council. It has been concluded that the issue of Kosovo and Metohija reflects both the main postulates of China's foreign policy and its evolution. This attitude of Beijing will make it difficult for the West to complete the "independence of Kosovo", it will increase the pressure of the EU and the US on Serbia, and it will also strengthen the resilience of Belgrade.
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Jusufaj, Dr Sc Elvina. "The Kosovo Precedent in the Secession and Recognition of Crimea." ILIRIA International Review 5, no. 1 (June 30, 2015): 267. http://dx.doi.org/10.21113/iir.v5i1.20.
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Crimea’s secession from Ukraine and its annexation to the Russian Federation invoked Kosovo precedent, in its declaration of independence, as an argument for secession. The territorial referendum in the Autonomous Republic of Crimea, only five days after the declaration of independence, was an attempt to justify the secession based on the right to selfdetermination of the people of Crimea. It is overwhelmingly considered illegal and its outcome has not been accepted and recognized by states, regional and international organizations. The comparative elements of statehood and secession between Kosovo and Crimea are reflected through analyzing the declarations of independence, international recognition and Russia’s role as a third-state factor in external selfdetermination. Essential distinctions are highlighted. Kosovo is widely acknowledged and accepted a sui generis case. Its declaration of independence came as result of a long monitored comprehensive process; not to legitimize the right for self-determination but as the final option for stability and peace in the region. Crimea seceded in violation of international law through the use of force. While Kosovo is a democratic, multi-ethnic new state and recognized by 107 states, the secession of Crimea and its annexation to the Russian Federation is considered illegal and endangers the existing international order.
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Koleci, Baki, and Redon Koleci. "PERSPECTIVE AND MANAGEMENT OF TOURIST ENVIRONMENT IN THE REPUBLIC OF KOSOVO." Knowledge International Journal 32, no. 4 (July 26, 2019): 435–39. http://dx.doi.org/10.35120/kij3204435k.
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Tourism in developed countries, but also in some transition countries, is an important export product and a generator of employment. It includes a wide array of phenomena and relationships that arise during the touristic journey, while in its realization it comes to the economic, but also the ecological, social and cultural aspect of life. Tourism in Kosovo is an important economic branch. The Tourism Industry of Kosovo has realized 10-12% of the domestic social product, depending on the year in question and whether all the direct factors (hotel industry, gastronomy) or indirect factors (agriculture, construction, etc.) have been taken into account. The large turnout of the tourism economy in the local social product reveals, in the first place, the weaknesses of other sectors of the economy, while the tourism potential has not been utilized as well. Intensive development is largely spontaneous and uncontrolled in post-war hotels, accompanied by imbalance in the environment and territory. These consequences are detrimental to the interests of the two groups: local residents and respective tour operators. Quality planning of space is one of the most important preconditions for the long-term and sustainable development of tourism in Kosovo. It is appreciated that after defining the status of Kosovo, the interest of investors to invest in the tourism sector is greater, but also in other sectors of the economy that directly or indirectly influence the development of the tourism sector so that the government most works for the development of tourism in different regions of Kosovo, is now in the final stage the international tender for the privatization of Brezovica, where according to the information there are a number of interested persons appearing in the tender for privatization of the tourist complex of Brezovica. Today's modern tourism does not ask where we are going but what we will do where we are going. Kosovo institutions are seriously involved in managing tourism firstly to build conditions to attract foreign tourists and to convince citizens themselves that there are conditions in their country, the money they spend in other countries can help the economy of Kosovo. However, the conditions and nature that nature has created in Kosovo requires a more serious approach to elevating it to a higher level given the conditions to be met to keep up the turret. Tourism is an industry characterized by intensive labor involvement. Human resources for this industry have been rated as "raw materials" or are anticipated by experts as the most important factor to be faced by this industry over the last decades and onwards the Kosovo government has set up a university education school for tourism which can be said that there are many well-prepared frames. Starting from this apparent tourism site, infrastructure and building up of incomparable units is progressing day by day. It is time to evaluate the motivation of visitors who pay for a couple of days of summer or winter in one place.
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Leka, Dukagjin, Sabiha Shala, and Selim Daku. "ENVIRONMENTAL LEGISLATION AND HUMAN RIGHT VIOLATION IN REPUBLIC OF KOSOVO." SWS Journal of EARTH AND PLANETARY SCIENCES 1, no. 1 (June 1, 2019): 49–57. http://dx.doi.org/10.35603/eps2019/issue1.05.
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The Republic of Kosovo is one of the newest states in the world. Separated from a former communist federation – Yugoslavia and occupied for over a decade by Serbia, it turned out to be free after a systematic destruction and with great consequences in all respects, including the environment. And of course, being a new state, made Republic of Kosovo to inherit many problems, which were very difficult to solve, while the environmental issues did not even come into the agenda ever to be discussed, which should not have been done as it was. In other words, having many major problems, the environmental issue as to the international community that has governed Kosovo for more than a decade, as well as for Kosovo's institutions itself, has never become an issue of importance to be discussed nor to be protected. Almost same happened in every country, which was under the international community protection, as for them it is the importance of security rather than environment protection in a country, where they are serving and far from their home country. Even after some positive developments in Kosovo's environmental legislation, by adopting the law on environmental protection, by creating a state agency for environmental protection, by creating environmental directorates in municipalities, etc., which developments and steps failed to become successful, because they lacked their implementation in practice, and cases like this were also in Moldova, Ukraine, Georgia, etc.. ..
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Kovács, Péter. "Intervention armée des forces de l'OTAN au Kosovo." International Review of the Red Cross 82, no. 837 (March 2000): 103–28. http://dx.doi.org/10.1017/s1560775500075428.
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This article first considers how to explain the applicability of international humanitarian law to NATO's armed intervention in the Federal Republic of Yugoslavia during the Kosovo crisis. Despite the fact that NATO, as a regional governmental organization, is not a party to the various treaties of humanitarian law, the individual States participating in the campaign were bound to respect international humanitarian law in its entirety. In the author's opinion the United States, though not party to the 1977 Additional Protocol I, has unilaterally agreed to respect the content of these new rules on the conduct of military operations — it has incorporated many of them in its own military regulations - and was therefore bound to abide by them. In this context, the author also discusses the latest developments with regard to the applicability of international humanitarian law to forces acting under UN authority. The article finally examines the way the international rules affecting the conduct of military operations were respected by the intervening forces, with particular emphasis on the well publicized failures.
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Mitrović, Miroslav. "The paper on the strategic communication on the Kosovo-Metohija security issue." Vojno delo 74, no. 3 (2022): 127–42. http://dx.doi.org/10.5937/vojdelo2203127m.
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Strategic communication is an expression of the state soft power, which expresses its strategic commitments, supports the state influence on the international scene and enables a more favourable status in providing national interests. It is the subject of strategic studies of all developed countries that strive to achieve their interests in international relations. It also represents a systemic approach to crisis response, as well as support to managing crisis and conflicts. A synergistic approach to the accomplishment of national interests and support in crisis management and post-conflict relations is the basis of the idea of this paper. Its general framework is based on the analysis of the genesis of the Kosovo-Metohija conflict from the general historical, sociological and cultural basis of the relations between Serbs and Albanians in the territory of the southern Serbian province. Furthermore, the paper deals with the aspect of strategic communications within the Kosovo-Metohija security issue. The chronological overview shows the development of the conflict in the territory of Kosovo and Metohija, as well as the key activities of strategic communication caused by those events. The examples of strategic communication that are key in defining the security situation in Kosovo and Metohija have been singled out. On the basis of the analysis of the state of the discussed problem, the preconditions that can be said to represent the basis for establishing the communication environment of the Kosovo-Metohija security issue are listed. In conclusion, a general framework of the strategic communication of the Kosovo-Metohija security issue is proposed, through an adapted media, public diplomatic, negotiation and representation strategy. Such a framework of strategic communication represents the basis of support for solving the Kosovo-Metohija security issue in accordance with the objective goals and national interests of the Republic of Serbia.
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Howse, Robert, and Ruti Teitel. "Delphic Dictum: How Has the ICJ Contributed to the Global Rule of Law by its Ruling on Kosovo?" German Law Journal 11, no. 7-8 (August 1, 2010): 841–45. http://dx.doi.org/10.1017/s2071832200018861.
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The most immediately striking aspect of the ICJ's recent ruling on Kosovo's unilateral declaration of independence is the divergence between what the Court actually said and how its decision is being read in the media and by political actors. Typically the Court is said to have found secession by Kosovo to be “legal” or “lawful” under international law. According to Kosovo President Fatmir Sejdiu, “The decision finally removes all doubts that countries which still do not recognize the Republic of Kosovo could have.” The angry reaction to the decision by Serbian nationalists likewise supposed that the Court had endorsed a right to secession. In fact, what the Court did was to read literally—and some would say narrowly or pedantically—the question it was asked, and thus to avoid opining on the major legal (and related policy) issues raised by the act of secession, including whether there is a right to proceed with a unilateral act of secession, and to whom such a right may or may not belong. On the literal reading, the Court was not asked, and thus it did not rule on, whether international law requires that the final status of Kosovo protect the group and individual rights of minorities, whether Kosovar Serbs or Roma. Likewise, the Court did not rule on whether Serbia or, indeed, any other State in the world community is required to recognize Kosovo as an independent State. Nor did the Court's decision address the borders of an independent Kosovo, or whether and under what circumstances force could legally be used either to impose independence or to resist it.
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Suy, Eric. "NATO's Intervention in the Federal Republic of Yugoslavia." Leiden Journal of International Law 13, no. 1 (March 2000): 193–205. http://dx.doi.org/10.1017/s0922156500000133.
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At the outset of the conflict over Kosovo, the use of armed force by NATO member states has been justified to force the Government of the Federal Republic of Yugoslavia to accept and sign the Rambouillet agreement. Later on, the use of force was justified in order to prevent a major humanitarian catastrophe. But examination of the relevant Security Council resolutions and of the circumstances surrounding the Rambouillet negotiations shed a totally different light on the legal arguments advanced by proponents of NATO's intervention. Modern international law on the use of force by states, as enshrined in the UN Charter, is still at the core of inter-state relations.
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Kritsiotis, Dino. "The Kosovo Crisis and Nato's Application of Armed Force Against the Federal Republic of Yugoslavia." International and Comparative Law Quarterly 49, no. 2 (April 2000): 330–59. http://dx.doi.org/10.1017/s0020589300064186.
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In the fifth week of NATO's 78–day aerial intervention in the Federal Republic of Yugoslavia (FRY), the FRY initiated proceedings in the International Court of Justice against ten of its member States which it accused of violating the principles of international law in relation to the jus ad bellum and the jus in bello.1 NATO's action, known as Operation Allied Force, had commenced on the night of 24 March 1999 when cruise missiles were directed on Serbian targets located in the Kosovan capital of Pristina and in the Republic's capital of Belgrade.2 This robust application of armed force came on the eve of the 50th anniversary of NATO, an organisation which was established after the Second World War for the collective defence of its member States, and constituted the first offensive launched against another sovereign State in the organisation's entire history.
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Nielsen, Christian Axboe. "Serbian Historiography after 1991." Contemporary European History 29, no. 1 (November 12, 2019): 90–103. http://dx.doi.org/10.1017/s096077731900033x.
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Few countries in Europe have witnessed as much turbulence during the past quarter century as the seven states which emerged from socialist Yugoslavia after it dissolved amidst a catastrophic series of wars of succession. Although actual armed conflict only took place in Serbia (then still including Kosovo in the rump state Federal Republic of Yugoslavia) in 1998 and 1999, Serbia directly participated in the wars of Yugoslav succession beginning in 1991 in Slovenia, Croatia and Bosnia and Herzegovina, and then finally in Kosovo. For nearly a decade from 1992 until 2001 Serbia's economy languished under the combination of a kleptocratic regime, expensive and protracted military engagements and international sanctions. The long Serbian transition entered a new phase in October 2000, when Yugoslav President Slobodan Milošević was ousted by a very heterogeneous political coalition whose leaders shared only an intense antipathy for Milošević. The Federal Republic of Yugoslavia was transformed into the short-lived state union of Serbia and Montenegro, which disappeared when Montenegro declared its independence in 2006, followed by Kosovo in 2008.
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Dalipi, Dr Sc Samet, and MSc Nehat Demiri. "Rational Dialogue between Kosovo and Serbia - Way Toward Reconciliation." ILIRIA International Review 4, no. 1 (June 30, 2015): 323. http://dx.doi.org/10.21113/iir.v4i1.67.
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Within a decade, Kosovo has compromised twice: accepting the process of decentralization in order to achieve independence and international recognition, through the President Martti Ahtisaari’s Comprehensive Proposal for the Kosovo Status Settlement (2 February 2007), and finally, by approving to offer autonomy for Kosovo Serbs for the sovereignty, but still within the limits of the Ahtisaari Plan.Coincidentally, the same Serbian political parties which had fought three wars, resulting in dissolution of the state (Former Yugoslavia) at that time (the Socialist Party and the Serbian Radical Party), now are in power in the Republic of Serbia, and have the possibility to finally solve the Kosovo case, and to open the perspective for this part, Europe’s black hole, to be engaged in global integration. Statements by senior Serbian politicians are positively shifting, compared to the radicalization of the relations between Albanians and Serbs three decades ago and it is believed that the developments will evolve towards rational choice and acceptance by the parties. Being under pressure by difficult socio-economic situation and need for integration processes, both sides undertake risky and unpopular steps by signing unclear political and verbal agreements on normalization of relations, which may produce difficult solving externalities in the future. The risk lies in the possibility of further damaging the Kosovo’s “piece of the cake”, after every refusal step by the Serbian side, which will damage the interest of Kosovo side according to the “zero sum” game. Analyses of the dialogue process between Kosovo and Serbia reflect the mixed benefits to the parties, resulting in not very soon European integration, and with hope on difficult but necessary reconciliation between Albanians and Serbs in the region. The broken, after the war established, status quo is better than entering into a protracted conflict in the middle of Europe.
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Ukimeraj, MSc Albulena. "Promotion of Human Rights in the Republic of Kosovo." ILIRIA International Review 6, no. 1 (July 27, 2016): 83. http://dx.doi.org/10.21113/iir.v6i1.233.
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Fundamental rights and freedoms are constitutional category of democratic states whereas the standards for guaranteeing these rights have been determined in the highest international acts of the United Nations.Promotion of equality and compliance with human rights initially originated in social developments in antiquity period. The Greek philosophy represented by world class philosophers Plato and Aristotle, created the foundation for complying with these rights which still serve as principles in the modern times and democratic developments. In later stages of social developments, despite the progress, compliance with human rights in the slavery era but even in the medieval times was faced with many challenges. Meanwhile, the development of the modern world, as an enlightening historic moment, it is the French Revolution, which was of course preceded by important documents in the history of development and advancement of human rights such as: Magna Carta Libertatum and the US Constitution.The reason for addressing this topic consists in the fact that these fundamental rights and freedoms are parts of constitutions of many countries including Kosovo, which are proclaimed and protected by different acts and norms, however they continue to be infringed either by individuals or institutions. Thus, with the aim of promotion of human rights and legal basis related to them in the Republic of Kosovo, this paper will elaborate development of human rights and the legal infrastructure for protection and compliance of human rights in a chronological manner by providing conclusions on the promotion of human rights in the Republic of Kosovo.
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Thaçi, Arsim, and Ismail Zejneli. "Extradition in the Light of Legal Solutions in the Republic of Kosovo - Experiences, Challenges." SEEU Review 15, no. 2 (December 1, 2020): 56–71. http://dx.doi.org/10.2478/seeur-2020-0017.
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Abstract Beheld in terms of international law, its subjects such as states, governments or international organizations always communicate with each other based on the spirit of the provisions of the field of international law. In the framework of the breaches, respectively the deliberate violation of these provisions, is the case of the so-called "Gulenists", where all the links of the system under which the extradition matter is built upon, are exempted. Our country will keep this stain for a long time, while in the archives of justice it will be treated as a case that should not have happened, always based on the commitment to the strict implementation of the provisions of the field of international law that our state has always had. At least they should have been held accountable, even criminally; hence, such cases to have never been repeated in our country. The lack of criminal accountability of the actors-senior state officials directly implicated in this case has left scars in our system, which at that moment is widely considered as a delayed system, while at an instant the whole commitment in this direction is shaken. This stain could have been avoided post festum - even in the circumstances when it happened, that is, even in the situation when all the political actors had been implicated in this case. In this regard, whilst analyzing the provisions we can assume that despite the deficiencies and continuously looking at the volume of legal provisions of this law, yet, we can consider that our system in this area has advanced and has ongoing initiatives to improve this system to the extent that could meet the requirements in relation to the dynamics of social and international relations.
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Imreová, Ivana. "Podmienky legitímnej štátnosti v SR: Téma Kosova v parlamentnej rozprave." Středoevropské politické studie Central European Political Studies Review 16, no. 4 (December 1, 2014): 288–311. http://dx.doi.org/10.5817/cepsr.2014.4.288.
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This article has two main objectives. The first is to reveal, on the basis of parliamentary debate on Kosovo, how political elites in Slovakia perceive conditions for legitimate statehood. The second is to describe and explain the perception and impact of the “Kosovo issue” on the Slovak political scene. Discourse analysis of parliamentary debate on Kosovo´s future is used as the primary analytical tool to accomplish both objectives. The following three characteristics of legitimate statehood are identified in the arguments of six parliamentary political parties: accordance of the creation of a new state with international law, the willingness and capability of a new state to ensure the protection of people´s rights within its territory, and a further group of conditions for legitimate statehood which are closely tied to the identity of both the new and parent states. In Slovakia, the perception of the Kosovo issue has always been emotive, and this fact can help us to see ethnicity as one of the main factors influencing the outcome of the parliamentary discourse, as well as the overall attitude of the Slovak Republic towards Kosovo. Ethnicity explains the Slovak approach better than the Slavic reciprocity principle, the existence of which was not proven in this study.
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Gauthier, Ryan. "Statehood and the Olympic Games." AJIL Unbound 114 (2020): 380–84. http://dx.doi.org/10.1017/aju.2020.74.
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Sport is a useful area of study to test assumptions of international law. International law has traditionally focused on states and on international organizations that oversee specialized areas of human activity. International sport is overseen by an NGO—the International Olympic Committee (IOC). Yet sport is of great interest to states, serving as a testing ground of national superiority by providing a simple narrative of “winners” and “losers” in competition. Meanwhile, entities that are not yet states have historically been able to participate in international sport more readily than in other areas of international relations. This essay will examine the connection between participation in the Olympic Games and claims to statehood. In doing so, this essay will outline the modern approach to statehood, consider sport's role in that approach, and examine two case studies: the German Democratic Republic, and Kosovo.
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Ramaj, Vehbi, Mensur Tusha, Hazir Hajdari, and Mustafë Kadriaj. "THE 100% TAX ON SERBIA’S PRODUCTS AND INTERNATIONAL PRESSURE ON KOSOVO." Knowledge International Journal 31, no. 1 (June 5, 2019): 107–12. http://dx.doi.org/10.35120/kij3101107r.
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With the imposition of a 100% tax in November 2018 for products originating from Serbia and Bosnia and Herzegovina, the Government of the Republic of Kosovo, like never before, reacted to aggressive Serbian diplomatic politics. As a result of Serbian diplomacy, recognitions have been contested, causing Kosovo to fail in membership in international organizations. According to the current prime minister, the Government of Kosovo is determined until the Serbian state reflects, despite the international pressure until recognition of Kosovo, as an independent country in mutual recognition. The tax, at the same time, was the awareness that every citizen tried to avoid consuming products of Serbian origin. But, despite the economic effects, Kosovo is being asked to withdraw or suspend the tax based on the principles of CEFTA and SAA, at the same time asking Kosovo to give priority to dialogue and that pressure comes from Serbia with the lobbying that it does in countries that have an impact on Kosovo. As a result of pressure, Kosovo should reflect on its friends and strategic partners because a shrinking friendship is in favor of Serbia, despite the argument that Kosovo has. Through this paper, we will bring scientific analyzes from local and international media and we will bring statements from local and international statesmen, as well as analysis from economic case-tellers by bringing conclusions and recommendations on how to approach the Kosovo Government tax and exit from this international political pressure.When a country unilaterally raises a trade barrier, other countries usually follow the same example, ie raising their trade barriers, which escalate to a large-scale commercial war, or even worse, to a military war . During the 1930s, the United States decision to set up a trade barrier ended with the famed planetary depression, or - as others say - with the onset of the Second World War. Each country wants to have full access to international markets, but at the same time, many governments and states try to help local producers in competing with foreign producers. Although consumers and businesses have their benefits of unrestricted access to imports, often governments are unable to withstand the political pressure coming from inefficient industries. (Epping, 2007, p. 71). Although a trade war may not be as destructive as a war between the armies, in both cases we have people who suffer (often those people whose defense has started the war itself). The most common barriers to trade are quotas, fees and subsidies. By imposing a quote, a country limits the amount of foreign products that can be imported. The tariff is a tax - paid for goods crossing the country's customs points, which makes the price of manufactured goods abroad to rise. Governments, on the other hand, may use taxpayers' money to provide subsidies to domestic producers, which makes the local commodity price artificially lower than the price of imported goods. (Epping, 2007, p. 69.70). With the industrial revolution and the overcoming of mass production and distribution mass, in the 19th century, have come up the new challenges of the scientific approach to the market and the different approaches of knowledge gained in school trade. (Segetlija, 2009, p.24). The welfare economy represents a theory that gives us the basic arguments of government intervention in the economy. One of the main arguments discussed so far relates to "market failures", which appear to be impossible to regulate without the government intervening in the market by imposing taxes and making expenditures that also effect redistribution of income in a desirable way from a social point of view. On the other hand, other theories point to "government failures," which appear alongside market ones, and are the source of the overwhelming public discontent over the government's role. (Haderi, Milova, 2015, p. 143).
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Sydorenko, S. G. "Prospects for application in Ukraine of international experience in searching missing persons under special circumstances." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 245–49. http://dx.doi.org/10.24144/2788-6018.2022.06.44.
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This article contains a comparative and legal analysis of the organization of search for persons missing under special circumstances, in Ukraine and other countries. The author researches the order of search for missing persons in Ukraine and countries that had military and armed conflicts, as a result of which they introduced special mechanisms for searching for persons missing in such conflicts.
The international experience of some countries on the functioning of domestic bodies with competence to solve issues related to the search for missing persons, including: the Federal Republic of Germany, Bosnia and Herzegovina, the Republic of Croatia, Montenegro, the Republic of Serbia, the Republic of Kosovo, which in different time periods had armed conflicts in their territories.
The article analyzes the interaction of individual countries with the International Commission on Missing Persons, an intergovernmental organization created to solve the problem of persons missing due to conflicts that took place in the Balkan Peninsula. It is noted that this intergovernmental organization carries out its functioning, including on the territory of Ukraine as a result of armed aggression by the Russian Federation.
The author emphasizes that the proper prerequisites for the implementation of state policy in the field of regulation of public relations are created in Ukraine, which are related to the search for persons missing under special circumstances, the certainty of legal status and social protection of such persons. At the same time, the need for the use of positive international experience of other countries in Ukraine on the organization and application of a set of measures during the search for persons missing under special circumstances has been highlighted.
It is noted that the necessary consequence of the search for missing persons is the restoration of the social status of such persons, their constitutional rights, obligations, and freedoms that are guaranteed by the state.
It has been established that Ukrainian legislation currently defines a wide range of state authorities that are authorized to search for persons missing under special circumstances. At the same time, the author's position on the advantages and disadvantages of such a subject composition of search activity is given.
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Romanenko, Sergei. "STUDYING THE HISTORY OF THE BALKANS / SOUTH-EASTERN EUROPE: RESEARCH TASKS AND PROBLEM FORMULATION." Urgent Problems of Europe, no. 2 (2021): 7–21. http://dx.doi.org/10.31249/ape/2021.02.01.
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The new issue of the journal «Current Problems of Europe» opens with the problem-oriented article, dedicated to the analysis of the state of the Balkans / South-Eastern Europe region and its development in 2000-2020. The author gives a systemic description of the processes taking place in the intra-national and international intra-regional political, social and economic development of the countries of the region, and the problems generated by them. The changes are associated with a difficult transition phase, experienced by the states of the region, for the most part belonging to the post-socialist world (Bulgaria, Romania, Slovenia, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, North Macedonia, Kosovo and Albania). The exceptions are Greece, Turkey and Cyprus, however, these three states are also going through a difficult period in their history, associated with new problems both in interstate relations within this triangle, and in relations with NATO and the EU, as well as with Russia. The article discusses the specifics of translating the terms «people» and «national» into Russian, as well as the toponym Kosovo (Serb.) / Kosova (Alb.), and ethnonyms «Bošnjak» and «bosanac». The first part of the issue contains articles devoted to general problems of regional studies: the relationship between the terms Eastern Europe, Central Europe, South-Eastern Europe, Balkans, Western Balkans; comparative and political science subjects; the role of the European Union and China in the development of the region; the relationship of national Serbian, post-Yugoslavian and European culture and intellectual heritage as well. The second part of the issue examines the relations of the Balkan states with the states of Central and Eastern Europe (Czech Republic, Romania, Belarus), as well as the specifics of their development in the post-socialist period. Thus, there is the possibility of a multilateral - historical, political and cultural, as well as comparative analysis of the development of this complex region, which is of great importance for international relations worldwide.
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Okladnaya, Marina, and Ivan Shchehlakov. "The role of sports diplomacy in recognition of newly created states." Law and innovations, no. 4 (32) (December 15, 2020): 92–98. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-14.
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Problem setting. Sport becomes an important part of modern life. Nowadays there are many international sports competitions and events, where unrecognized states take part. In connect with this, such cases have an impact on society and social media. Consequently, there is a question of the impact of sports diplomacy on recognition of states and its importance on this procedure. Target research. To identify the impact of sport diplomacy on the recognition of newly created states. Analysis of recent researches and publications. The object of research was recognition in international law of a large number of both domestic and foreign scientists, among which, Telipko V.E., Ovcharenko A.S., Feldman D.І., Janatayev H.M., whose doctrinal developments provide an important theoretical basis for studying the issue of the impact of sports diplomacy on recognition of states. Article’s main body. Forms of recognition of states were identified in the article. It was determined that there are three form of recognition: de jure, de facto and ad hoc. Definition of sports diplomacy was given. It was proposed that in ad hoc recognition as the representative of the state should be considered not only a representative of the Government, but also other persons with official powers given by authorities. Cases of using sports diplomacy were analyzed. Usually a platform of sports diplomacy is different sport events where unrecognized states take part. The examples of such events are participation of Kosovo Republic in Olimpic Games in Brazil, Kosovo’s entry into FIFA, the football match between Kosovo Republic and Ukraine and others. In this way, sports representatives of the states enter into the negotiations and establish relationships between the states, which don’t recognize each other. It was found that sports diplomacy can be a way of ad hoc recognition. Conclusions and prospects of development. Sports diplomacy is a type of diplomacy, which purpose is to provide state foreign policy in the field of sports. However, sports diplomacy doesn’t cause de jure or de facto recognition of states; it can influence on recognition of the states by helping to build relationships between them.
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Okladnaya, Marina, and Ivan Shchehlakov. "The role of sports diplomacy in recognition of newly created states." Law and innovations, no. 4 (32) (December 15, 2020): 92–98. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-14.
Full textAbstract:
Problem setting. Sport becomes an important part of modern life. Nowadays there are many international sports competitions and events, where unrecognized states take part. In connect with this, such cases have an impact on society and social media. Consequently, there is a question of the impact of sports diplomacy on recognition of states and its importance on this procedure. Target research. To identify the impact of sport diplomacy on the recognition of newly created states. Analysis of recent researches and publications. The object of research was recognition in international law of a large number of both domestic and foreign scientists, among which, Telipko V.E., Ovcharenko A.S., Feldman D.І., Janatayev H.M., whose doctrinal developments provide an important theoretical basis for studying the issue of the impact of sports diplomacy on recognition of states. Article’s main body. Forms of recognition of states were identified in the article. It was determined that there are three form of recognition: de jure, de facto and ad hoc. Definition of sports diplomacy was given. It was proposed that in ad hoc recognition as the representative of the state should be considered not only a representative of the Government, but also other persons with official powers given by authorities. Cases of using sports diplomacy were analyzed. Usually a platform of sports diplomacy is different sport events where unrecognized states take part. The examples of such events are participation of Kosovo Republic in Olimpic Games in Brazil, Kosovo’s entry into FIFA, the football match between Kosovo Republic and Ukraine and others. In this way, sports representatives of the states enter into the negotiations and establish relationships between the states, which don’t recognize each other. It was found that sports diplomacy can be a way of ad hoc recognition. Conclusions and prospects of development. Sports diplomacy is a type of diplomacy, which purpose is to provide state foreign policy in the field of sports. However, sports diplomacy doesn’t cause de jure or de facto recognition of states; it can influence on recognition of the states by helping to build relationships between them.
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Maliqi, Reshat. "Corruption, the Challenge for Kosovo Institutions." European Journal of Multidisciplinary Studies 1, no. 2 (April 30, 2016): 204. http://dx.doi.org/10.26417/ejms.v1i2.p204-209.
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The subject as per work, corruption, the challenge for Kosovo institutions, is broadly and actual theme that covers the theoretical and practical treatment. The corruption, which has been described as using the public power for certain purposes, is a very complex subject. Stands for the characteristics of many societies and states and for the last couple of years it has been understood as in great form present phenomenon within the countries in transition, within those which are undeveloped as well as with developed ones, and stands for an obstacle for democracy implementation. From a systematically point of view, corruption has caused, and it continues to do so, many concerns in all countries on Earth, and especially in Kosovo. In accordance to Transparency International report, corruption is one of the biggest challenges of contemporary world. The aim of the importance of studying of this problem through this subject is identifying the scope, structure and dynamics of this phenomenon; to analyse overall impact of general factors. In accordance to identification of corruption problems, local and international reports with of high level of this kind of criminal act, among other areas as well as per security issues, corruption has been seen as serious wound for our society. The justification of this work is logical consequence of corruption phenomenon in the Republic of Kosovo. The reason, consequences and the fight against the corruption is always the subject of numerous researches and conversation between researches, politicians and other actors dealing with this problem, not leaving aside the segment of civil society. These problems stand for the subject of study of this work from my point of view with the purpose of sharing the overall concern due to this phenomenon. During this study many different methodologies will be used, as well as the methodology of analyses of cases of corruption, method of comparative analyses, comparative methodology and statistical method of creation and fight against the corruption in Kosovo from 2012 – 2104. For fight and suppression of corruption, the society and institutions in Kosovo, among the prevention measures, would have to implement so far reached measures in criminalistics in accordance to contemporary trends in secure management. The final aim of this work is practical use of its results and statistics in society’s efforts to prevent, to limit or to eliminate the corruption phenomenon in Kosovo
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Krasniqi, Gëzim. "Contested States as Liminal Spaces of Citizenship: Comparing Kosovo and the Turkish Republic of Northern Cyprus." Ethnopolitics 18, no. 3 (March 8, 2019): 298–314. http://dx.doi.org/10.1080/17449057.2019.1585092.
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MacPherson, Douglas W., Jacqueline E. M. Weekers, Thomas F. O'Rourke, Cecilia Stiles, and Brian D. Gushulak. "Health of Displaced Albanian Kosovars in the Former Yugoslav Republic of Macedonia: Fitness to Travel and Health Outcomes Assessment." Prehospital and Disaster Medicine 17, no. 2 (June 2002): 53–58. http://dx.doi.org/10.1017/s1049023x00000182.
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AbstractIntroduction:During the 1999 conflict in Kosovo, an estimated 850,000 people were displaced from Kosovo. Many thousands of these people arrived in the Former Yugoslav Republic of Macedonia (FYROM), for whom a humanitarian evacuation programme (HEP) was conducted by the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). More than 91,000 people were moved to third countries under this programme.Methods:A health assessment tool was designed, validated, and implemented to document the health status of the refugees prior to departure. The IOM evaluated 41,652 pre-travel “fitness to travel” medical assessments for refugees transported by the Organization. A colour coding system for fitness-to-travel was used to clearly identify refugees to the receiving health authorities according to their health condition at the time of departure.Results:A total of 41,652 fitness-to-travel assessments were performed between 05 April and 25 June 1999, and were entered into a database. There were 21,923 females and 19,566 males. The average age was 25.3 years (women, 26 years; men, 24.3 years). Of these assessments, 4,647 (11.2%) individuals who were deemed fit-to-travel required medical assessment at the host destination, and of those 1,204 required urgent care. The majority of health complaints were acute respiratory tract infections and hypertension.Conclusions:A rapid and efficient system for fitness-to-travel was created to assist in the management of health issues related to the urgent and mass movement of refugees. The collected health information was of use to health-care planners during the crisis and for those responsible for the health-care of newly arrived refugees. The lessons learned have implications for future similar operations and for the development of research and education programs for both the refugees and the host recipient nations.
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Hayden, Robert M. "“Democracy” without a Demos? The Bosnian Constitutional Experiment and the Intentional Construction of Nonfunctioning States." East European Politics and Societies: and Cultures 19, no. 2 (May 2005): 226–59. http://dx.doi.org/10.1177/0888325404272679.
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The social science literature on ethnically divided states is huge and varied, but suggestions for constitutional solutions are strangely uniform: “loose federations” of ethnically defined ministates, with minimal central authority that must act by consensus and thus cannot act at all on issues that are contested rather than consented. In Bosnia, the political system mandated by the international High Representative suffer the same structural flaws that were used to make the former Yugoslav federation and the Socialist Republic of Bosnia and Herzegovina unworkable. Similarly nonviable systems were proposed in 1994 to 1995 for Croatia and in 1998 to 1999 for Kosovo and recently for Cyprus and for Iraq. This article analyzes the paradox of mandating consensus-based politics in ethnically divided states, inclusion in which does not have the consent of most members of at least one group.
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Momtaz, Djamchid. "« L'intervention d'humanité » de l'OTAN au Kosovo et la règle du non-recours à la force." International Review of the Red Cross 82, no. 837 (March 2000): 89–102. http://dx.doi.org/10.1017/s1560775500075416.
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After a careful analysis of the law regarding the use of force in international relations and the practice of States since 1945, the author concludes that the United Nations Charter leaves no room for a “humanitarian intervention” in the internal affairs of a State. In his opinion NATO's armed intervention in the Balkans in the spring of 1999 therefore has no legal basis under the UN Charter. He goes on to say, however, that the question whether NATO's action against the Federal Republic of Yugoslavia may not be justified by an existing or an emerging rule of customary law should be examined. Such a discussion should take into account, on the one hand, the magnitude of the humanitarian disaster to be averted, and on the other hand the absence of objections by the Security Council or (with rare exceptions) by States. The author concludes with an appeal to the permanent members of the Security Council not to use their veto when deciding on action to be taken in the event of humanitarian disasters.
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Fedorov, Aleksandr V. "The Criminal Liability of Legal Entities in the Former Yugoslav Territory." Russian investigator 11 (October 31, 2018): 69–76. http://dx.doi.org/10.18572/1812-3783-2018-11-69-76.
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The article is dedicated to review of laws of countries of the so-called Yugoslav criminal law group, which originated in the former Yugoslav territory. The article describes the concept of the former Yugoslav territory as the territory of the former Socialist Federal Republic of Yugoslavia (SFRY), consisting of 10 entities: the former Yugoslav Republic of Macedonia, the Republic of Serbia, the Republic of Slovenia, the Republic of Croatia, the Republic of Montenegro, the State of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, the Republic of Srpska, the Brčko District of Bosnia and Herzegovina and the partially recognized Republic of Kosovo, each of which has adopted its own criminal laws. The mentioned states follow the SFRY criminal law traditions to a greater or lesser extent, which largely ensures similarity of criminal laws of these states and gives a possibility to unite them in the Yugoslav criminal law group. All of the states recognize the criminal liability of legal entities. The author points out the common historical, international and political roots of such liability; reviews options of establishment of liability of legal entities by inclusion of the corresponding provisions in the national criminal codes or adoption of specific criminal laws on liability of legal entities as well as statutory resolutions making it possible to consider a legal entity as a criminal liability subject; gives a scope of legal entities, which cannot be brought to criminal liability; emphasizes the differences in the determination of crimes, which can lead to bringing legal entities to criminal liability; notes that in some countries of the reviewed group legal entities may be brought to criminal liability only for specifically indicated crimes while other countries have no such limitation; analyzes the bases of liability of legal entities stipulated by criminal laws and the models of criminal liability of legal entities implemented in the states of the Yugoslav group: an identification model and an extended identification model; states application of articles of the general parts of national criminal codes for bringing of legal entities to criminal liability.
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Hoti, Hamdi, and Edisona Kurhasku. "Social economic outcomes of remittances from the diaspora and their role in managing the COVID-19 pandemic in the emerging economy." Journal of Governance and Regulation 11, no. 1, special issue (2022): 252–61. http://dx.doi.org/10.22495/jgrv11i1siart6.
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Migration and remittances in Kosovo are promoters of local economic development and have an important role in the economic well-being of citizens, as well as other aspects in financing and developing the economy through stimulation. This article will evaluate and assess using subjective research methodologies the impact of diaspora during the pandemic period time. Anytime was crucial for many citizens that depend on the remittances, according to this statement, we mention that diaspora has a major role also in economic development in general. So, the purpose of this paper is to define and deeply explain the socio-economic outcomes of diaspora during the pandemic of COVID-19. In this way, we have used two types of data, primary and secondary for further analysis where we have used different techniques such as descriptive, crosstab, and Chi-square, which we have analyzed and shown by using SPSS software. Also, our paper is based on Hamdi Hoti and Hoxha’s (2018) and Jusufi and Ukaj’s (2020) findings and suggests that remittances have always been one of the most important and stable sources of external financing for the country. This is very important for states such as the Republic of Kosovo.
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Rozpedowski, Joanna K. "Just Peace at War’s End." Politikon: The IAPSS Journal of Political Science 26 (March 31, 2015): 96–118. http://dx.doi.org/10.22151/politikon.26.6.
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The contemporary period is characterized by intense scholarly, legal and socio-political debates about the conceptual framework, which ought to guide state responses to unmitigated violence resulting from protracted armed conflicts across the globe. The prevalence of military interventionist discourse in the media and governmental organizations necessitates further reflection on the international community’s legal obligations not only with respect to putting an end to violence, but holding aggressors of armed perpetrations individually accountable for political unrest, economic destabilization and loss of life as well as responsible for the reestablishment of social and political order on the ground, which are to ensure human security in the process of post-conflict nation-building. The analysis of two recent conflicts in Kosovo and Iraq will provide a critical foundation for the examination of international bodies’ and state actors’, such as the United Nations (in the case of Kosovo) and of the United States (in the case of Iraq), implementation of legal mechanisms by which the jus post bellum principles can be made useful for, both, (i) the purposes of providing justifications for war and (ii) post-conflict restoration of order. In addition, relevant connections will be examined between the principles guiding humanitarian interventions and just war narratives, which make military intermediations publically palpable. The study and conclusions drawn may prove especially pertinent to a continuing diplomatic stalemate with regard to armed conflicts in Syria and Ukraine, renewed tensions in South Sudan, the Central African Republic and various micro-insurgencies in Somalia, Libya or Mali.
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Sharan, O. V. "National and international political mechanisms of suppression of separatism in the Balkan states." Науково-теоретичний альманах "Грані" 22, no. 1 (March 26, 2019): 68–77. http://dx.doi.org/10.15421/17199.
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The article firstly identifies and reveales the essence of national and international political mechanisms of suppression of separatism that have been applied in the Balkan states, in particular, in Serbia, Croatia and Bosnia and Herzegovina. The national mechanisms of suppression of separatism include legal, financial, administrative, information mechanisms, and among the international political mechanisms are international legal mechanisms, the mechanism of recognition or non-recognition of the independence of new states, international financial and economic instruments. The study showed the dynamics of the most important events that took place in the Balkans after the collapse of the Socialist Federal Republic of Yugoslavia, in particular during the Croatian War of Independence in 1991-1995, the Bosnian War in 1992–1995, and during Kosovo’s struggle for independence from Serbia. The revival of separatist movements in the Balkan Peninsula began as a result of the overthrow of the communist regimes and the strengthening of centrifugal tendencies in Central and Eastern Europe in the 90’s of the twentieth century. The interethnic distrust and constant tension became one of the reasons for the beginning of the civil wars in Croatia and Bosnia and Herzegovina after the collapse of the Socialist Federal Republic of Yugoslavia. Moreover, the article characterized the concept of «Great Albania», which involves the reunification of all the territories where the Albanian ethnic group lives. Several regions of Macedonia, Montenegro, the Epirus region in Greece and Kosovo should be part of the «Greater Albania». Furthermore, the study considers the experience of suppression of separatism of Serbia, Croatia and Bosnia and Herzegovina, the possibility of its use in Ukraine and other countries where separatist tendencies dominate, in order to avoid human victims, preserve territorial integrity and inviolability of borders. Consequently, separatism is a dangerous phenomenon that contains an enormous threat to the national security and territorial integrity, since it is related to the change of borders of the existing states and creation of the new countries on the political map of the world.
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Selmani-Bakiu, Arta, and MA Julinda Elezi. "Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo." SEEU Review 16, no. 1 (June 12, 2021): 30–44. http://dx.doi.org/10.2478/seeur-2021-0003.
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Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.