Question

Should Kosovo be regarded as a State? Give legal arguments in order to justify the answer (300 words)

Answer 1

Dear Student,

Please find below answer to your questions

Abstract

Kosovo, self-declared independent country in the Balkans region of Europe.

Although the United States and most members of the European Union (EU) recognized Kosovo's declaration of independence from Serbia in 2008, Serbia, Russia, and a significant number of other countries Including several EU members did not.

In the case of Kosovo, the territory is under UN administration. The UN does not have sovereignty – it only administers the territory.

The Kosovars have no right to external self-determination and thus no entitlement to be a state.

Reason that Kosovo not declared as State can be described as below :

According to David Miliband the declaration proclaims Kosovo as a democratic, secular and multi-ethnic republic and states that its leaders will endorse the rights and contribution of all communities in Kosovo.

The following conclusions according to Jure Vidmar in ‘International Legal Responses to Kosovo’s Declaration of Independence’ can be drawn as to state practice in the Kosovo recognition situation:

1) There are strong indicators suggesting that it is generally not disputed whether the right of self determination applies to Kosovo Albanians—even Serbia seems to have acknowledged that it does.

2) The dispute surrounds the question of whether Kosovo Albanians may exercise this right in its external mode.

3) Although Kosovo is not a clear case of remedial secession, the position that follows from the statements of recognizing states is that previous breaches of human rights and the grave humanitarian situation that led to the effective situation established by Resolution 1244 softened Serbia’s claim to territorial integrity.

4) Whether Kosovars may externally exercise their right to self determination as a people still depends on whether that right has been sufficiently violated

--------------

Hope my answer have cleared all your queries, I really appreciates your positive feedback !!

Thank You !!

--------------