Kosovo: A Precedent? The Declaration of Independence, the Advisory Opinion and Implications for Statehood, Self-Determination and Minority Rights

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Kosovo’s declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world’s countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo and, in particular, the International Court of Justice’s Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.

Author(s): James Summers
Publisher: Martinus Nijhoff Publishers
Year: 2011

Language: English
Pages: xvi+456
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Part I. Introduction
1 James Summers: Kosovo: From Yugoslav Province to Disputed Independence

Part II. Kosovo’s Unilateral Declaration of Independence
2 Kaiyan H. Kaikobad: Another Frozen Conflict: Kosovo’s Unilateral Declaration of Independence and International Law
3 Morag Goodwin: From Province to Protectorate to State: Sovereignty Lost, Sovereignty Gained?
4 Besfort Rrecaj: A Contemporary Interpretation of the Principles of Sovereignty, Territorial Integrity and Self-Determination, and the Kosovo Conundrum
5 Jure Vidmar: Kosovo: Unilateral Secession and Multilateral State-Making

Part III. Kosovo and Self-Determination and Minority Rights
6 Helen Quane: Self-Determination and Minority Protection after Kosovo
7 Elizabeth Chadwick: Post-World War 2 Exercises of Self-Determination: “Peaceful”, “Friendly”, and “Other”
8 Stephen Tierney: The Long Intervention in Kosovo: A Self-Determination Imperative?
9 Gulara Guliyeva: Kosovo’s Independence: Re-Examining the Principles Established by the EC Badinter Commission in Light of the ICJ’s Advisory Opinion
10 Stephen Allen & Edward Guntrip: The Kosovo Question and Uti Possidetis: The Potential for a Negotiated Settlement

Part IV. Implications of Kosovo as a Precedent for Other Regions
11 Miodrag A. Jovanović: Is Kosovo and Metohija Indeed a ‘Unique Case’?
12 Snežana Trifunovska: The Impact of the ‘Kosovo Precedent’ on Self-Determination Struggles
13 Vakhtang Vakhtangidze: The Impact of Kosovo: A Precedent for Secession in Georgia?
14 Miryam Rodríguez-Izquierdo Serrano: The Basque Country: With or Without the Spanish Constitution, Like or Unlike the Kosovo Precedent?