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1
Surlan, Tijana. "Recognition in international law: The case of Kosovo and Metohija." Zbornik Matice srpske za drustvene nauke, no. 151 (2015): 289–306. http://dx.doi.org/10.2298/zmsdn1551289s.
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Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper presents main characteristics of the notion of recognition, as presented in main international law theories - declaratory and constitutive theory. Other part of the paper is focused on the recognition in the case of Kosovo. Within this part, main constitutive elements of state are elaborated, with special attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does not fulfill main constitutive elements of state. It is not an independent and sovereign state. It is in the status of internationalized entity, with four international missions on the field with competencies in the major fields of state authority - police, judiciary system, prosecution system, army, human rights, etc. Main normative framework for the status of Kosovo is still the UN Resolution 1244. It is also the legal ground for international missions, confirming non-independent status of Kosovo. States that recognized Kosovo despite this deficiency promote the constitutive theory of recognition, while states not recognizing Kosovo promote declaratory theory. Brussels Agreement, signed by representatives of Serbia and Kosovo under the auspices of the EU, has also been elaborated through the notion of recognition - (1) whether it represents recognition; (2) from the perspective of consequences it provokes in relations between Belgrade and Pristina. Official position of Serbian Government is clear - Serbia does not recognize Kosovo as an independent and sovereign state. On the other hand, subject matter of Brussels Agreement creates new means of improvement for Kosovo authorities in the north part of Kosovo. Thus, Serbian position regarding the recognition is twofold - it does not recognize Kosovo in foro externo, and it completes its competences in foro domestico. What has been underlined through the paper and confirmed in the conclusion is that there is not a recognition which has the power to create a state and there is not a non-recognition which has the power to annul a state.
2
Koeth, Wolfgang. "The Serbia-Kosovo Agreement on Kosovos Regional Representation and the Feasibility Study: A Breakthrough in EU Kosovo Relations?" European Foreign Affairs Review 18, Issue 1 (February 1, 2013): 127–44. http://dx.doi.org/10.54648/eerr2013007.
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2012 was a year of significant developments for Kosovo: on 24 February, Serbian and Kosovo-Albanian negotiators reached an EU-mediated agreement on the representation of Kosovo in regional fora. Whereas this agreement enabled Serbia to gain the coveted status as EU candidate in March, it opened the way for Kosovo to participate in international meetings at regional level as an entity in its own rights. As stipulated in this agreement, the European Commission on 10 October also delivered a Feasibility Study on the conclusion of a Stabilisation and Association Agreement (SAA) between Kosovo and the EU, which concluded that there would be no legal obstacles for the EU to sign an SAA (a mandatory pre-requisite for EU accession) with Pristina, in spite of the non-recognition by five EU Member States. However, it can be asked whether these measures were genuine diplomatic victories for Pristina or just rather symbolic measures without a real potential of opening a realistic accession perspective for both Kosovo and Serbia.
3
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.
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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.
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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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BEREND, IVAN T. "The Kosovo Trap." European Review 14, no. 4 (September 8, 2006): 413–14. http://dx.doi.org/10.1017/s1062798706000445.
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In February 2006, talks began in Vienna to decide the status of Kosovo. The solution was forecast in several statements: instead of officially remaining a province of Serbia, considering that 90% of the population of the area is Albanian, mostly Muslim, and want independence, independent statehood might be granted to Kosovo. Kosovo enjoyed an autonomous status under Tito (abolished by Milošević) and thus has the legal right to decide on independence.Serbia wants to keep its authority over the province, which is considered to be the ‘cradle of Serbia,’ a sacrosanct place in Serbian history. However, the Serb population has gradually decreased and become a small minority. This happened due to a huge Serb emigration after the Ottoman conquest of the region, a spontaneous, sometimes forced emigration, which gained special impetus during the Second World War, when the region became part of ‘Great Albania,’ and Serbs were killed and chased out of the province. The tension and violence of the post-war decades made emigration advisable for Serbs. Milošević's Kosovo war-and-rape campaign made the Kosovars victims of exalted Serb nationalism in the late 1990s. The NATO bombing stopped this but the Serb minority declined into an unbearable situation. The Kosovo Liberation Army's violent actions, killing Serbs, burning their houses, shooting at school buses, continued until recently and led to the flight of half of the remaining Serb population, and ‘cleansed’ Kosovo of 80% of the Roma population.
7
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.
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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.
9
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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Andrzejczak-Świątek, Małgorzata. "The process of reconciliation between Serbia and Kosovo and the international legal strategies of the EU States, the USA, and Russia(with particular emphasis on the activities of the Kosovo Specialist Chambers)." Rocznik Instytutu Europy Środkowo-Wschodniej 19, no. 4 (December 2021): 109–25. http://dx.doi.org/10.36874/riesw.2021.4.6.
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The aim of this article is to analyse the international legal and political process of reconciliation between Serbia and Kosovo in terms of its impact on the scope of development directions and strategies of the European Union countries as well as Russia and the USA. Particular emphasis was placed on the treatment of these issues in the light of the activities of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office. The main theses assumed for the purposes of this article are as follows: firstly, that the policy of reconciliation between Serbia and Kosovo is multidimensional, including the necessity of the process of international criminal liability for the crimes committed by both states, while at the same time influencing the dilemmas of the development directions of individual European countries, but also of the European Union and the United States. In addition, the legal and political stabilization of the Balkan region, especially in the context of relations between Kosovo and Serbia, and the possibility of cooperation with these states as part of intergovernmental international organizations, is strategically extremely important for the EU, the USA, as well as for Russia. The Author critically analyses issues using polemics with the standpoint presented in the doctrine of the subject as well as interpreting selected instruments of international law and Kosovo’s national law. The deliberations resulted in conclusions as to the determinants in terms of the directions of the legal and political development of the EU and Russia resulting from the complicated process of reconciliation and mutual settlement of sins by Serbia and Kosovo.
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.
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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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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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Filimonova, Anna Igorevna, and Kseniya Dmitrievna Kot. "The role of Zoran Djindjic in resolving the Kosovo issue." Uchenyy Sovet (Academic Council), no. 5 (April 22, 2021): 372 (402)—383 (409). http://dx.doi.org/10.33920/nik-02-2105-05.
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The article is devoted to one of the most dramatic events in the history of Serbia - the assassination of Prime Minister Zoran Djindjic, in terms of analyzing two key aspects. Firstly, numerous inconsistencies, discrepancies, contradictions and outright falsifications were revealed on the part of the official investigation and the official version of the attentate, in which it was not possible to reliably establish the motives, methods of committing the crime and the true perpetrators of the prime minister's death. Consequently, the reason for the murder of the prime minister, which, no doubt, lies precisely in the politics, remains hidden. In the Serbian political dimension, Kosovo and Metohija have long been the main stumbling blocks. Secondly, the authors of the article analyze the radical change in Zoran Djindjic's policy, which took place in general across a wide range of issues, and in particular, on the indicated "Kosovo problem". The Serbian prime minister had a sharp change in political orientations due to specific measures taken by the US, the EU and the "world community" towards Serbia, among which there were extremely destructive tendencies covered by double standards and humanistic rhetoric. The West did not need a "renewed Serbia", moreover, Serbia, renewed on the basis of a combination of democratic and national-state principles, which, in fact, became the policy of Zoran Djindjic a few months before the attentate, was a direct threat to the West. In particular, it hindered the implementation of the plans to build a certain order (characterized through the formula "constant chaos of low intensity"). Pax Americana, or the "new globalized order", can only be established in the Balkans on the rubble of Serbia, with dysfunctional state institutions, a devastated economy and destroyed national consciousness. The West needs Serbia only in the form of a failed state. The key point is the deprivation of its main attribute of statehood - sovereignty, inviolability of borders and territorial integrity. The withdrawal from Serbia of its southern region, Kosovo and Metohija, occurred contrary to the UN Charter, the entire complex of international legal acts on the territorial integrity and sovereignty of states, a number of UN Security Council resolutions, including Resolution No. 1244, the Constitution and legislation of Serbia. Without idealizing or romanticizing the image of this Serbian statesman, the authors consistently identify the steps taken by Zoran Djindjic in the Kosovo direction at the international and regional levels, testifying to his firm desire to implement the provisions of UN Security Council Resolution 1244, to reconsider relations with the West in general and build democratic Serbian state on national basis. All undertakings were interrupted by an unknown sniper's bullet fired on March 12, 2003. English version of the article on pp. 402-409 at URL: https://panor.ru/articles/role-of-zoran-dindic-in-resolving-the-kosovo-issue/66002.html
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Bono, Giovanna. "The European Union and ‘Supervised Independence’ of Kosovo: A Strategic Solution to the Kosovo/Serbia Conflict?" European Foreign Affairs Review 15, Issue 2 (May 1, 2010): 249–64. http://dx.doi.org/10.54648/eerr2010018.
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Abstract. This article challenges the dominant view that the European Union (EU) acted as a neutral broker in the negotiations over the Kosovo status issue. It also questions some of the critical arguments that the EU behaved as a neo-colonial power. The article suggests that EU policy towards Kosovo was shaped by a ‘victors peace’ approach but it was non-strategic, that is, it was not based on a long-term assessment of how best to foster reconciliation in the region while at the same time safeguarding the EU’s economic, political and security interests. In fact, although a consensus had emerged in 2004–2005 that appeared to favour an imposed solution around the concept of ‘supervised independence’, this was rivalled by tensions cutting across the traditional ‘Europeanists’ and ‘transatlanticists’ divide. The latter got the upper hand as the Kosovo status issue soon became caught up in the ‘second Cold War’, which is the controversy between the United States and Russia over North Atlantic Treaty Organization (NATO) enlargement and the deployment of the anti-missile defence shield in Eastern Europe. In the short-to-medium term, the EU has, unintentionally, entrenched divisions among local actors, contributed to the proliferation of external security missions with competing objectives and most EU Member States have undermined international law by recognizing Kosovo’s unilateral declaration of independence.
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Van Elsuwege, Peter. "Legal Creativity in EU External Relations: The Stabilization and Association Agreement Between the EU and Kosovo." European Foreign Affairs Review 22, Issue 3 (October 1, 2017): 393–409. http://dx.doi.org/10.54648/eerr2017032.
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This article puts the specific features of the Stabilization and Association Agreement (SAA) between the EU and Kosovo in perspective. In particular, it analyses how the unsolved issue of Kosovo’s recognition affects the scope and content of the agreement. For this purpose, the SAA with Kosovo is compared to the SAA with Serbia. Despite the at first sight comparable structure of both agreements, the absence of mixity in the SAA with Kosovo as well as the reservations regarding its international legal status lead to a number of noticeable differences, in particular as far as the rules regarding entry and residence of Kosovo nationals are concerned.
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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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Lisanin, Mladen. "Regional position of Serbia in light of foreign policy relations with its “old neighbors”." Medjunarodni problemi 69, no. 4 (2017): 483–505. http://dx.doi.org/10.2298/medjp1704483l.
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Due to turbulent circumstances and controversial heritage in regard to the breakup of ex-Yugoslavia, regional position of Serbia is, within academic as well as the wider public, most often observed in the context of its relations with the ?new? neighbors - the states that have emerged from the breakup of the former common country. This is in part because of constant tensions in the relations with ex-Yugoslav states, but also due to the political agenda of Western actors, which sets the framework for regional integration processes through the concept of ?Western Balkans?. Foreign policy relations of Serbia with its ?old? neighbors (most notably, Hungary, Romania and Bulgaria, given that Albania has a distinct status as a de facto interested party in the dispute regarding the status of Kosovo and Metohija), nonetheless, remain at least just as important element of Serbia?s regional position. It is the author?s intention to point towards determinants of the foreign policy of Serbia, as factors that work, or are visible, through relations with Hungary, Romania and Bulgaria. This will be observed in the context of bilateral and multilateral, formal and informal foreign policy connections and relations. The conclusion, in the form of a recommendation, is that international political dynamics in the ?Western Balkans? should not completely avert research attention away from Serbian relations with its non-Yugoslav neighbors.
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Hajrullahu, Arben. "The Serbia Kosovo Dispute and the European Integration Perspective." European Foreign Affairs Review 24, Issue 1 (February 1, 2019): 101–20. http://dx.doi.org/10.54648/eerr2019007.
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This article examines the causes and consequences of the limited progress achieved to overcome the lasting conflict between Serbia and Kosovo. This dispute shows that international and local politics in the Western Balkans are characterized by myopia-like symptoms. Whereas the USA remains focused on other areas of the globe, the EU continues to be divided over the issue of Kosovo statehood, while also exhibiting, for years now, a de facto enlargement fatigue. Fundamental differences among the two parties to the conflict and their diametrically opposed positions undermine the real perspective for lasting peace and EU integration, despite the fact that Serbia and Kosovo prepare to engage in new phases of dialogue. The article concludes that the vision of Europeanization and the EU membership for Serbia and Kosovo, as equal partners in a wider community of states, continues to remain the desire and aim of those whom exclude violence and fighting among neighbours.
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Goodwin, Morag. "From Province to Protectorate to State? Speculation on the Impact of Kosovo's Genesis upon the Doctrines of International Law." German Law Journal 8, no. 1 (January 1, 2007): 1–20. http://dx.doi.org/10.1017/s2071832200005381.
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The province of Kosovo – 2 million people in 11,000 square kilometres of territory nestled between Serbia to the North and Albania and Macedonia to the South – was thrust into the international limelight when Serbian actions to repress Kosovo Albanian calls for independence made it a subject of international concern at the end of the 1990s. While Kosovo is not unique in becoming well-known for suffering the repressive actions of a parent state, and while it has not even enjoyed the distinction of being the only territorial administration of its time, it appears to be unique in its (potential) impact on the doctrines of international law. On a number of levels, the international community's response to the situation created by Milosevic's actions and NATO's intervention threaten to call fundamental pillars of the post-World War II order into question. It is too early to speculate conclusively on whether the NATO action in KosovosansSecurity Council approval in some measure paved the way for an emerging doctrine of “humanitarian intervention” that, in turn, opened the door to the illegal invasion of Iraq. It seems not implausible to suggest that the apparent success of unauthorised military intervention in Kosovo in stopping mass human rights violations emboldened politicians on both sides of the Atlantic in opting for a moral path over the formally legal one. In any event, grounded as they are in that history, the final status talks on the future of Kosovo represent a serious challenge to the current framing of the international order. It is these issues that this symposium wished to raise and examine.
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Martynov, A. "Balkan in the Current European System of International Relationship." Problems of World History, no. 7 (March 14, 2019): 101–16. http://dx.doi.org/10.46869/2707-6776-2019-7-8.
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The historical period after the beginning of the global economic crisis has accelerated the transformation of the Balkan subsystem of the European system of international relations. In a strategic sense, the European Union faces a complex dilemma: to Europeanize the Balkans, or to risk the balkanization of Europe. The European Union, together with the United States, has overcome the scenario of European balkanization. Symbols for this were the completion of the process of joining NATO Albania, Montenegro, and Macedonia. It is critically important to overcome the conflict between Serbia and Kosovo. Russia is trying to maintain its influence in Serbia, which remains the last Russian outpost in the Balkans. Serbian society remains divided into a liberal pro-European segment focused on European and Euro-Atlantic integration, and a nationalist segment that hopes to reestablish the "Great Serbia" project on the verge of the 21st century. The peace in the Balkans can only bring the completion of the process of including this region into the system of European and Euro-Atlantic integration.
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Knoll, Bernhard. "Fuzzy Statehood: An International Legal Perspective on Kosovo's Declaration of Independence." Review of Central and East European Law 34, no. 4 (2009): 361–402. http://dx.doi.org/10.1163/092598809x12474728805813.
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AbstractThis contribution subjects Kosovo's declaration of independence of 2008 to a comprehensive and detailed analysis from the perspective of international law. It begins with a reflection on Kosovo's status process as it unfolded in 2006 and discusses some of the challenges that Serbia faced when it proposed that Kosovo be vested with “more than autonomy, less than independence”. The main body of the article speculates on some of the implications that Kosovo's independence may have in public international law, especially with a view to the forthcoming International Court of Justice (ICJ) advisory opinion on the matter. It concludes that the resolution of Kosovo's status has to be seen in the context of a decreasing reliance on the international norm that has hitherto protected the territorial integrity of states.
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Clark, Janine Natalya. "Kosovo's Gordian knot: the contested north and the search for a solution." Nationalities Papers 42, no. 3 (May 2014): 526–47. http://dx.doi.org/10.1080/00905992.2013.870147.
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Until 1999, Kosovo was a little-known province of Serbia. NATO's intervention, however, changed this. Suddenly, everyone was talking about Kosovo and the plight of the Kosovo Albanians. Today, Kosovo is no longer a major talking point; few authors are now writing about post-independence Kosovo and the many challenges that confront the young state. Particularly striking is the relative absence of scholarly writings that discuss the Gordian knot of northern Kosovo. Seeking to rectify this neglect, this article has three core aims: to provide new empirical insights into the situation on the ground in northern Kosovo, to explore Serb and Albanian viewpoints regarding the status of the north (and in particular to examine Serb fears and concerns) and to discuss possible solutions. It argues that granting the north a special, autonomous status within Kosovo is the ultimate way to resolve the “northern problem,” and indeed this now seems the most likely solution following the recent conclusion of the First Agreement on Principles Governing the Normalization of Relations. This research is based on five weeks of fieldwork in Kosovo in July and August 2012. During this time, the author conducted 56 semi-structured interviews, 29 of which took place in northern Kosovo.
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Falk, Richard. "The Kosovo Advisory Opinion: Conflict Resolution and Precedent." American Journal of International Law 105, no. 1 (January 2011): 50–60. http://dx.doi.org/10.5305/amerjintelaw.105.1.0050.
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The somewhat surprising majority view in the advisory opinion of the International Court of Justice (ICJ) assessing Kosovo's declaration of independence has some bearingon prospects for an eventual end to the bitter conflict between Kosovo and Serbia. It may also have some relevance for a variety of political movements around the world whose leaders might be more inclined than previously to tempt fate by declaring their people and territory to be internationally independent of the sovereign state within which they are now geographically located. Significantly,the ICJ majority sidestepped the question put to it by the General Assembly, in a move objectionable to the four dissenting judges,recasting it in such a way as to limit its response to whether Kosovo's declaration of independence, issued on February 17,2008, was “in accordance with international law” to the rather bland assertion that the declaration did not violate international law. The Court did not say, and explicitly ruled out any interpretation suggesting, that Kosovo's declaration was acceptable under international law, although by Lotus reasoning, what a state is not expressly prohibited from doing is permitted.3 The majority also expressed its view that the declaration was not to be viewed as decidingupon Kosovo's final status in world diplomacy.
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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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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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Heller, Regina. "Russia’s quest for respect in the international conflict management in Kosovo." Communist and Post-Communist Studies 47, no. 3-4 (September 2014): 333–43. http://dx.doi.org/10.1016/j.postcomstud.2014.09.001.
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This article examines the emotion-based status-seeking logic in Russia’s foreign policy vis-à-vis the West, presenting the example of Russia’s reactions to NATO’s military campaign against Serbia in 1999. It is argued that Russian assertiveness in combination with expressive rhetoric must be understood as a result of the ruling elite’s need to have Russia’s identity and self-defined social status as an equal great power in world politics respected by its Western interaction partners. Russia’s reactions to NATO’s intervention, which was not authorized by the UN Security Council, must be read as a strategy coping with the emotion anger about the perceived humiliation and provocation of status denial and ignorance by the West. We find various elements of such a coping strategy, among them the verbalization of the feeling of anger among Russian political circles and the media; uttering retaliation threats, but no ‘real’ aggressive, retaliatory action; minor and temporary activities aimed at restoring Russia’s image and status as an influential an equal power. On the surface, the Kosovo episode did not result in any visible break or rift in the RussianeWestern relationship. However, emotionally it has lead to a significant loss of trust in the respective partner on both sides.
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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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Pavlović, Aleksandar, Gazela Pudar Draško, and Jelena Lončar. "A Battle for Sovereignty." Southeastern Europe 45, no. 3 (December 21, 2021): 361–86. http://dx.doi.org/10.30965/18763332-45030005.
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Abstract This article examines the role, status and perceptions of the Serbian cultural heritage in Kosovo from both Kosovo Albanian and Serbian perspectives. The analysis focuses on two cases, which attracted particular resistance on each of the two sides: the passing of legislation in the Kosovar parliament in 2012 that aimed to protect Serbian cultural heritage and the 2015 unsuccessful Kosovo bid for unesco membership. Both moments demonstrate how cultural heritage is primarily approached from the statehood perspective and used to additionally deepen inter-ethnic distances. The authors shed more light on the discrepancies between the international peacebuilding efforts and the internationally imposed legal framework, challenging the reduction of the peacebuilding efforts to institutional design, while dominant discourses of both Serbian and Albanian elites essentially deepen the enmity and serve as resistance mechanisms to the international peacebuilding strategies.
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Hodge, Carl Cavanagh. "Casual War: NATO's Intervention in Kosovo." Ethics & International Affairs 14 (March 2000): 39–54. http://dx.doi.org/10.1111/j.1747-7093.2000.tb00052.x.
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One of the most remarkable features of contemporary international relations is the new prestige accorded universal standards of human rights. However, NATO's attempt to redeem the promise of human rights by way of military intervention during the recent Kosovo crisis may have established a disturbing precedent for humanitarianism. The Alliance exploited the capabilities of precision weaponry and digital information systems to wage war with air power alone, thus avoiding entirely the deployment of ground troops and the domestic political exposure such a deployment inevitably involves. The best available evidence is that this approach had little immediate effect on the atrocities carried out by Serbian troops in Kosovo and that NATO's overriding concern with casualty-avoidance in war undermined both the effectiveness and the moral legitimacy of humanitarian intervention. Even more disturbing is the question whether NATO's action implies that states endowed with the advanced military assets that were brought to bear against Serbia will adopt a casual policy on the conduct of limited war, a policy at odds with the lessons of the twentieth century.
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Perera, Sandesha. "The Role of UN and Major Powers in Recognition of Kosovo." International Journal of Social Sciences and Humanities Invention 5, no. 8 (August 10, 2018): 4931–36. http://dx.doi.org/10.18535/ijsshi/v5i8.04.
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The recognition of states is a legal issue associated with international law, at present, it has become a political issue in the world. According to the international law, there are traditional and modern criteria to be considered when giving recognition to states. An entity has to be considered as a State in the international system if those criteria are satisfied. In contrary, major powers in the international system together with the United Nations play a significant role in giving recognition to states. The objective of this study is to find out the reasons for the United Nations and Major Powers’ reluctance to bestow recognition to the entity discussed in this study. The Major Power focused in this paper is Russia. This research is a qualitative research based on secondary data. The data analysis procedure is done through the case study method. The case that is used in this study is Kosovo which is not fully recognized as an independent state in the international system, specially by the United Nations and Russia. In analyzing the case, the international law provisions in giving recognition to states, the United Nations role in giving recognition to states and the Major Powers’ role in giving recognition to the entity is discussed. While getting in to this conclusion it was evident that Kosovo did not fully satisfy the international law provisions regarding the statehood criteria while Russia, China and Serbia strongly opposed granting recognition to Kosovo. According to the findings, all these entities are reluctant to bestow recognition to Kosovo due to power politics. Likewise this paper will pay attention mainly to the issue in Kosovo and the reasons for non-recognition of Kosovo.
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Shala, Albulena, Hysen Ismajli, and Rezearta Perri. "A Comparative Study of Prudential Regulation on Loan Classification and Provisioning of the South East European Countries." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 66, no. 5 (2018): 1337–46. http://dx.doi.org/10.11118/actaun201866051337.
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This paper has been prepared to describe the regulatory measures regarding Loan classification and provisioning of South East Europe countries like Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. A proper loan classification and provisioning system ensures credibility of the financial system that in turn restores trust and confidence in the mind of depositors. Determining what constitutes an adequate level of provisions to absorb credit losses is often subject of debate between banks and supervisors, as changes in provisioning estimate an immediate impact in bank earnings and, eventually, regulatory capital. A comparative analysis in this study between South East Europe (SEE) countries shows that countries have the regulatory measures which correspond with international standards. However, the criteria for classifying and provisioning loan portfolios depend on the prudential policies of the central banks. In the area of NPL definition, we find that almost all of the countries in the region have some type of asset classification system in place covering all types of borrowers. Non performing exposures in the region are generally defined three criteria: 90 days past due status, borrower bankruptcy, and the significant financial difficulty of the borrower. Countries with the highest rate of non‑performing loans (2005–2015) are Serbia, Montenegro, Albania, while the countries with the highest percentage of coverage with provisions are: Kosovo, Macedonia and Serbia.
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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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CORTEN, OLIVIER. "Territorial Integrity Narrowly Interpreted: Reasserting the Classical Inter-State Paradigm of International Law." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 87–94. http://dx.doi.org/10.1017/s0922156510000610.
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AbstractParagraph 80 of the Kosovo AO reflects a very traditional conception of international law. By insisting on the inter-state character of the principle of territorial integrity, the Court refused to challenge the classical argument of the ‘neutrality’ of international law in regard to secession. The Court also refused any reinterpretation of Article 2(4) of the UN Charter. As already stated in the Wall Advisory Opinion, the prohibition of the use of force is only applicable between states. It does not apply between states and non-state actors, whether secessionist or not. Similarly, the Court refused the argument of ‘remedial secession’, at least as far as it would imply a right to violate the principle of territorial integrity of a state by a secessionist group. Indeed, if the latter principle is not applicable in such situations, it logically cannot be violated and there is therefore no right to infringe it. Finally, the Court refused to consider Kosovo as a ‘special case’ or a sui generis situation. According to the Court, this situation must be governed by the traditional rules of general international law. This implies that Kosovo did not violate international law by proclaiming independence. But this also implies that a declaration of independence by a secessionist group inside Kosovo would not be contrary to international law. Moreover, it can be pointed out that if Kosovo is not a state (a hypothesis perfectly compatible with the advisory opinion), then general international law would not preclude Serbia from invoking the argument of ‘legal neutrality’ to support such a secessionist group.
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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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Suny, Ronald Grigor, and Vicken Cheterian. "Making states and breaking states: Kosovo and the Caucasus in 2008: Introduction." Nationalities Papers 40, no. 5 (September 2012): 657–60. http://dx.doi.org/10.1080/00905992.2012.707461.
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Two events in 2008 shaped the political map of the Caucasus: the West's decision on the independence of Kosovo and the Russo-Georgian War. First, on 17 February, Kosovo authorities unilaterally declared the independence of what was at the time a UN protectorate. This declaration enjoyed much support in the West, including near-immediate recognition by key states such as the US, Germany, France, the UK, and a dozen others. But it also faced strong opposition from Serbia and Russia and strong skepticism from prowestern countries such as Georgia. Russia opposed not only the Kosovo declaration itself but more importantly the western adoption of it. From the Russian perspective, by supporting Kosovo's accession to sovereignty western states were violating the rules set at the moment of collapse of the federal states of Yugoslavia and the Soviet Union: to invite the former union republics to join the international clubs of sovereign states, but not extend such invitation to any other sub-units. In other words, Azerbaijan, Croatia, Kazakhstan, and Russia became members of the United Nations, but sub-entities like Chechnya, Kosovo, or Tatarstan did not receive the same recognition.
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Bergmann, Julian. "Same Table, Different Menus? A Comparison of UN and EU Mediation Practice in the Kosovo-Serbia Conflict." International Negotiation 23, no. 2 (April 18, 2018): 238–57. http://dx.doi.org/10.1163/15718069-23021156.
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AbstractThis article comparesUNandEUmediation practice in the Kosovo-Serbia conflict. It proposes a conceptual framework to analyze mediation effectiveness and its conditions and applies it to theUN-led Kosovo Status Talks in Vienna (2006–2007) and the ongoingEU-facilitated dialogue between Belgrade and Pristina (since 2011). TheEU’s relatively high degree of effectiveness compared to theUNeffort can be partly explained by the application of a strategy of manipulation, drawing on theEU’s strong leverage vis-à-vis both sides; partly by pointing to the conflict context which has been more favorable to mediation since 2011. At the same time, the analysis reveals thatEUmediation has not led to any changes concerning Serbia’s stance toward the recognition of Kosovo’s independence. The continuing non-resolution of the conflict demonstrates the limits of theEU’s manipulative mediation approach and points to a substantial dilemma ofEUmediation.
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Dolan, Chris J., and Arben Hajrullahu. "International and Domestic Factors Shaping Kosovo’s Euro-Atlantic Integration." SEEU Review 17, no. 2 (December 1, 2022): 49–70. http://dx.doi.org/10.2478/seeur-2022-0061.
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Abstract This study examines the complex and dynamic relationship between Kosovo and NATO. It argues that Kosovo’s prospects for NATO membership are shaped by an array of contradictory and often confusing international and domestic political forces. It draws on theoretical sources, media reports, and descriptive statistical data to the factors shaping expectations for NATO membership. The study relies on theories and concepts from the established and evolving literature on alliance formation and expansion to explain how states aspiring for membership in security organizations must navigate a pattern of political and security hurdles in their quest for membership accession. It then explores Kosovo’s case for NATO membership by examining whether Kosovo has met key political and security benchmarks and devotes significant attention to the settlement dispute with Serbia, the roles played by the U.S. and E.U., and identifies alternative paths for Kosovo’s membership in NATO.
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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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Macura, Jelena. "He’s Just Not That Into Yu(goslavia)." Political Science Undergraduate Review 1, no. 2 (February 15, 2016): 111–20. http://dx.doi.org/10.29173/psur27.
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The Former Socialist Federal Republic of Yugoslavia is an interesting case study that is applicable to various aspects of international relations scholarship. During a time where different regions struggled to coexist, questions of nationalism and ethnicity evolved into conflict. Slobodan Milošević was a Serbian politician, and capitalizing on the discontent of the Serbian nation, rallied support, and mobilized an army dedicated to achieving the dream of a “Greater Serbia”. It can be argued that rhetoric and discourse played an important role in formulating the view of a superior Serbian nation, while assembling a population ready for war. Long after Milošević’s death, his words still resonate with the Serbian nation, and severely impede reconciliation efforts. To illustrate how ancient hatred prevents states from moving forward, in the Serbian context, this essay specifically takes into consideration Milošević’s 1987 Kosovo Polje Speech and his 1989 Gazimestan address.
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Jackson, Christopher. "Bandits, bondsmen, and leviathans: Ethnic groups contesting local security after conflict in the Western Balkans." Journal of Regional Security 16, no. 2 (2021): 215–48. http://dx.doi.org/10.5937/jrs0-31813.
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This study analyzes how processes of contesting ethnically-distinct locales after conflict affects stability and violence after institutional settlements. Local institutions that develop during conflict present an obstacle to states reestablishing a monopoly on force and these locales become sites of continued contestation. Where states attempt to crowd local institutions and elites out of post-conflict policing, they have incentives to use violence against the state and police to upset the status quo. Where local institutions are integrated into state institutions, local elites have the incentive to maintain order and prevent violence to avoid crowding out or inviting police operations by interveners. In this study, I combine rationalist modeling to generate expectations for local elites' behavior with three illustrative case studies from the Western Balkans: Kosovo, Macedonia, and southern Serbia.
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ORAKHELASHVILI, ALEXANDER. "Kosovo and intersecting legal regimes: An interdisciplinary analysis." Global Constitutionalism 6, no. 2 (July 2017): 237–64. http://dx.doi.org/10.1017/s2045381717000120.
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Abstract:The unilateral declaration of independence by Kosovar authorities in Pristina in 2008 has been the source of various controversies in international affairs. From a legal perspective, Kosovo’s secessionist drive is contrary to the well-established position of international law regarding the territorial integrity of states. From a political perspective, Kosovo’s case exemplifies the political drive to alter the law – a drive that applies to other entities in Kosovo’s position. Both these phenomena are accompanied by the divergent interests held by Kosovars as the ‘local agency’ and by the interests of Serbia and third states (including great powers) that support or oppose Kosovo’s independence. The interdisciplinary nature of this matter is enhanced by the intersection of applicable legal frameworks with competing political interests. The motivating factors – and implications of – great power conduct in this context should be examined through the prism of political realism, which provides an enhanced perspective on the relationship between legal and political factors in all their complexity.
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Greenberg, Jessica. "Nationalism, Masculinity and Multicultural Citizenship in Serbia*." Nationalities Papers 34, no. 3 (July 2006): 321–41. http://dx.doi.org/10.1080/00905990600766628.
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Since the 5 October revolution that formally ushered Serbia into a democratic era, political commentators, scholars, civic activists and others have watched the country for signs of resurgent nationalism. Many perceived the primary threat to the new democratic order as the persistence of nationalism, particularly in the years after the 2003 assassination of Zoran Djindjić. Such nationalism, forged in the 1980s and 1990s, was subject to eruptions among unsavory politicians, pensioners, Mafiosi and denizens of Belgrade's suburbs and Serbia's “backward” countryside. The problem underlying this model of resurgent nationalism is that it assumes, and simultaneously constructs, nationalism as a static and unchanging arrangement of ideological and social factors that flare up and die down in response to political stimuli—the arrest of indicted war criminals, the outrageous rhetoric of populist politicians, negotiations over the status of Kosovo, or high-stakes sporting events. While there is no question that such events create discursive space for nationalist, sexist and racist agendas, the flare-up model presents a dangerous simplification of how nationalisms work.
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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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Vulović, Marina. "Performing statehood in Northern Kosovo: Discursive struggle over contested space." Cooperation and Conflict 55, no. 3 (February 19, 2020): 326–46. http://dx.doi.org/10.1177/0010836720906851.
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Since Serbia and Kosovo began their political and technical dialogue mediated by the European Union in 2011, numerous agreements were signed, but few of them implemented. In addition, since 2018 the idea of partitioning Kosovo along ethnic lines has entered public debates. This article asks why that is the case and argues that Northern Kosovo – specifically, who has the right to claim statehood over this area – lies at the heart of why partition was suggested as a viable option and why so few agreements have been implemented. In order to demonstrate this, the article adopts a performative view of statehood, particularly suitable for states ‘in-becoming’, such as Kosovo. As only externally performed statehood has been examined so far, that is, efforts for international recognition, this article extends performativity to internally negotiated statehood, against the background of two political systems competing for legitimacy in the long run. This is the case with Northern Kosovo, conceptualized as an area of overlapping limited statehood. The developed analytical framework can be extended to other cases of territorial disputes, such as Crimea or Palestine. The framework can also be expanded to explore performativity of statehood in areas where statehood is not institutionally disputed, but rather symbolically.
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R. Copley, Gregory. "THE ROAD TO PEACE IN THE BALKANS IS PAVED WITH BAD INTENTIONS." RELIGION IN THE PROGRAMS OF POLITICAL PARTIES 1, no. 2 (December 1, 2007): 143–54. http://dx.doi.org/10.54561/prj0102143c.
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It has been long and widely forecast that the security situation in the Balkans — indeed, in South-Eastern Europe generally — would become delicate, and would fracture, during the final stages of the Albanian quest for independence for the Serbian province of Kosovo and Metohija. The Kosovo region is now a lawless area. It has been ethnically-cleansed of Serbs, and re-populated by Albanians who have progressively and illegally, over the past decades, migrated into the area. Years of so-called peacekeeping by the international community count for nothing. Kosovo’s presence as a nominally independent state, without any of the essential foundations to meet the true criteria for sovereignty, can in no way further the stability of the region, or of Europe. Neither can it serve US strategic interests, unless US interests can be defined as a breakdown of viability of Eastern and southern Europe. Not only Kosovo, but all of Albania and other Balkan communities have become captive of the criminal-political movements which owe their power to their alliance with Al-Qaida, Iran, and the Saudi-funded Wahhabist movements. Therefore, new warfare will be supported by many elements of the international Јihadist movements which work closely with Albanian groups such as the KLA along the so-called Green Transversal line (or Zelena Transverzala) — really a clandestine highway or network — which not only carries jihadists but also narcotics and weapons along international supply lines crossing from Turkey and the Adriatic into the Balkans and on into Western Europe. So, the broader battle is now being joined in South-East Europe, in Kosovo, Rashka, the Preshevo Valley, in FYROM, Montenegro, and Epirus being in large part proxy warfare which is symptomatic of the emergence of a new Cold War on a global scale. One can only imagine the negative consequences for Balkan stability if, for example, Turkey’s status changes and Ankara no longer feels obliged to temper its activities, or its use of Islamist surrogate or proxy groups to further pan-Turkish ambitions. On the other hand, we have not yet seen the completion of the break-up of Yugoslavia, and even the wrenching of Kosovo may not complete it. We will then see the dismemberment of some of the Yugoslav parts already independent, perhaps even the dismemberment of FYROM and Bosnia. Perhaps those State Department officials will be surprised, too, to see — a decade or two hence — the claims of autonomy emerging for parts of Arizona, Southern California, or Texas, citing the same pretext of “self-determination” now being claimed by those who moved across the borders to occupy Serbia’s Kosovo province. The Balkans region and the Eastern Mediterranean generally are entering a further period of crisis, insurrection, and possibly open conflict. None of the regional states, but particularly Serbia, are doing enough to address the security ramifications of the coming de facto independence of Kosovo. Finally, conflict issues in the Middle East, and specifically in Iraq, and relating to Iran, will continue to have a profound impact on the stability of the Balkans, and vice-versa
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Vladimirovič, Nikiforov. "In discord or lockstep: In anticipation of the thirtieth anniversary of the dissolution of Yugoslavia." Napredak 2, no. 3 (2021): 5–11. http://dx.doi.org/10.5937/napredak2-34862.
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This paper gives a recapitulation of the Yugoslav crisis and considers the role of western states in the breaking up of Yugoslavia (SFRY and SRY). The author is of the opinion that the transformation of Serbian society began with the "antibureaucratic revolution" and that it concluded with the "bulldozer revolution" on October 5, 2000. The fall of Milosevic marked the final collapse of the entire political course he led during the Yugoslav crisis. The principal defeat of Serbian politics was the state split with Montenegro in 2006, while the de facto loss of Kosovo took place before the rise of Milosevic with the forced evictions of Serbs from this region. Nevertheless, the loss of Kosovo, which unilaterally declared its independence in 2008, is perceived as more painful in the national consciousness. Parallel to this, the main achievement of the Serbs during these troubled times was the creation of the Republic of Srpska in Bosnia and Herzegovina, whose broad autonomy was given international recognition in 1995 after the Dayton Agreement. Tito's Yugoslavia and the states that appeared on its ruins, all their differences notwithstanding, developed and continued to evolve within the framework of general law, which applies to all the countries that occupy the vast region of Central, South-East and East Europe. Serbia is not an exception, although the process of its transformation, for the mentioned reasons, is slower and more painful than that of many of its neighbors.
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Klip, André. "Mutual Legal Assistance in Criminal Matters in the Western Balkan." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 4 (October 25, 2016): 322–39. http://dx.doi.org/10.1163/15718174-24042099.
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The central focus of the study is what obstacles might exist in national legislation and practice of the Western Balkan states that might hinder or complicate the efficiency of international cooperation, according to European standards. The states that are included in the study are all states that have expressed their wish to accede to the European Union (Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Serbia) and Croatia that already has become a Member State. The question “What could amount to impediments to international cooperation?” has been leading throughout the study. The study is therefore to be considered as problem-focused. The study analyses various forms of international cooperation, such as exchange of information, mutual legal assistance, extradition, transfer of proceedings, joint investigation teams, confiscation, as well as the transfer of judgements and prisoners.
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Stroschein, Sherrill. "Making or Breaking Kosovo: Applications of Dispersed State Control." Perspectives on Politics 6, no. 4 (November 13, 2008): 655–74. http://dx.doi.org/10.1017/s153759270808184x.
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In this article, I make a case for a dispersed state control model as an alternative to the territorial and hierarchical principles of the Weberian state. Rather than allocating governance powers in terms of territory, dispersed state controls are based on a functional principle, in which governance is allocated to various subunits by issue area or function. This examination is informed by recent debates in international relations theory on contractual and imperial network models of control, as well as work on non-territorial autonomy in the fields of nationalism and ethnic conflict. I examine the practical application of a dispersed control model in the context of the governance structure proposed for Kosovo, which declared independence from Serbia in February 2008. I conclude with an overview of the advantages of creative designs for states that move beyond territory and hierarchy, to deal with complex demographic and governing realities in regions such as the Balkans.
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Bojičić, Veroljub. "SLOWED SERBIAN DEVELOPMENT IN THE EARLY 19TH CENTURY UNTIL WORLD WAR II." Knowledge International Journal 26, no. 6 (March 18, 2019): 1879–84. http://dx.doi.org/10.35120/kij26061879b.
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Permanently economic backwardness of Serbia (as, after all, and most of the Balkan countries) compared to the Western and Central Europe always makes actual causes of this trend. Of course, there is no simple and straightforward answer. The prevailing opinion is that the countries of South Eastern Europe, because of the specificity of its historical development, primarily in the age of the first industrial revolution lost pace compared to the rest of the continent and found themselves at a disadvantage, which can not fail to compensate. Such thinking usually implies the necessity to southeast Europe, or Balkans, pass the path of development identical western European way. However, whether it the only model that leads to creation of economically prosperous and socially stable society or priority should be given to understanding the local specificity and optimally use them in order to build a welfare state? Serbia can now be classified as countries that have not successfully passed the transition period from a socialist to neoliberal capitalist system. The reasons for this here we can not discuss in detail, but we will mention the most difficult challenges facing the country has faced since the collapse of socialist Yugoslavia until today. These are, first, the Yugoslav wars, including them in the armed conflict with the NATO alliance in 1999, economic sanctions and international isolation in the last decade of the last century, the unsuccessful privatization of public enterprises in the years of the autocratic regime of Slobodan Milosevic after him and, as a consequence, worsening the situation of workers who will be a key generator of losing confidence in democratic government and return to the main political scene those who in the 1990s were the protagonists of the Yugoslav wars, and who were the main culprits for the degradation of the international reputation of the Serbian nation is unprecedented in the history of Serbia. Today Serbia is far closer to autocracy rather than democracy, exposed internal political violence, with non-free state institutions, unclear status of Kosovo and Metohija and undefined national borders. Omnipotent Government is trying to attract foreign investors by promoting its own citizens as cheap labor for which workers' rights are not applicable in the present developed societies. Essentially an important answer to the question why Serbia today so gloomy and hopeless.We will try to clarify the situation somewhat emphasis on the social history of modern Serbia.