statehood
Essay topic: Statehood
Introduction:
Since the announcement of independence by Kosovo on the 17th of February 2008, there has been a major debate on international law in stipulations of the lawful status of secessionist entities and also the legality of certain acts and conducts under Chapter VII powers of the United Nations Security Council to sustain and re-establish international peace (Raic 1967)
This essay will argue whether Kosovo qualifies as a state under international law using the factual criteria and the role of recognition. Under recognition the two important schools of thought which are declaratory and constitutive will be used to access the role of recognition. This essay will start with a brief history of Kosovo and Serbia conflict, and then go on to define elements of international law important to this case study which are statehood and international law. Lastly, the nature of international law shall be discussed and a conclusion will be made on the nature of international law and the role of recognition by other states concerning statehood.
Is the history between Kosovo and Serbia hindering Kosovo’s claim to statehood?
Kosovo is a region situated in the Southern part of Serbia. It has a diverse population and the mass being the tribal Albanians. Kosovo was an autonomy region till 1989 when the Serbian leader Slobodan Milosevic altered the status of the region by removing its independence and putting Kosovo beneath the power of Belgrade, a Serbian capital (Lehne 2012, 50). The Kosovo Albanian’s resisted this move and it lead to a conflict between the region of Kosovo and Serbia. This resulted in a massacre of 1500 Kosovo Albanians and 300 000 displaced from their homes. The international community expressed its concern to the Kosovo population and the North Atlantic Treaty Organization (NATO) sent a few of its forces to keep peace between the two. The first time Serbia resisted but the second time when airstrikes where implemented by NATO
Introduction:
Since the announcement of independence by Kosovo on the 17th of February 2008, there has been a major debate on international law in stipulations of the lawful status of secessionist entities and also the legality of certain acts and conducts under Chapter VII powers of the United Nations Security Council to sustain and re-establish international peace (Raic 1967)
This essay will argue whether Kosovo qualifies as a state under international law using the factual criteria and the role of recognition. Under recognition the two important schools of thought which are declaratory and constitutive will be used to access the role of recognition. This essay will start with a brief history of Kosovo and Serbia conflict, and then go on to define elements of international law important to this case study which are statehood and international law. Lastly, the nature of international law shall be discussed and a conclusion will be made on the nature of international law and the role of recognition by other states concerning statehood.
Is the history between Kosovo and Serbia hindering Kosovo’s claim to statehood?
Kosovo is a region situated in the Southern part of Serbia. It has a diverse population and the mass being the tribal Albanians. Kosovo was an autonomy region till 1989 when the Serbian leader Slobodan Milosevic altered the status of the region by removing its independence and putting Kosovo beneath the power of Belgrade, a Serbian capital (Lehne 2012, 50). The Kosovo Albanian’s resisted this move and it lead to a conflict between the region of Kosovo and Serbia. This resulted in a massacre of 1500 Kosovo Albanians and 300 000 displaced from their homes. The international community expressed its concern to the Kosovo population and the North Atlantic Treaty Organization (NATO) sent a few of its forces to keep peace between the two. The first time Serbia resisted but the second time when airstrikes where implemented by NATO
Bibliography: Redman, Michael.2006. The political Quarterly: Should Kosovo be entitled to Statehood? Weller, Marc .2008. International Affairs: Kosovo’s final Status Crawford, James.1976. British Year book of International Law: the criteria for Statehood in International Law. Britain Weller, Marc.1991. The international response. New York: EPC Republic of Kosovo Ministry of Internal Affairs . 2012. “ Republic of Kosovo and the Republic of Hungary signed the agreement for readmission” Pristina, May 2012.Accessed March 17, 2013. http://www.mpb-ks.org/?page=2,46,877 Prishtina.2007. Kosovo: The Unprecedented State. Kosovo: KIPRED