Law Commons^™

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Robert J. Delahunty, Antonio F. Perez

Vanderbilt Journal of Transnational Law

The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in international law that began with NATO's 1999 intervention in Kosovo. NATO'S intervention called into question the authority and viability of the UN Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt another blow to the post-War legal rules and institutions for controlling and mitigating great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for destabilizing the international …

International Legal Responses To Kosovo's Declaration Of Independence, Jure Vidmar

Vanderbilt Journal of Transnational Law

On February 17, 2008, Kosovo declared independence. As of March 6, 2009, fifty-six states have recognized Kosovo's independence, while a number of states maintain that Kosovo's declaration of independence is illegal. There is no specific resolution calling for nonrecognition, yet whether an obligation of nonrecognition stems from UN Security Council Resolution 1244 is a highly disputed issue.

Resolution 1244 established an international territorial administration, affirmed Serbia's territorial integrity, and called for a political process leading to settlement of Kosovo's future status. Unlike in East Timor, the political process in Kosovo did not result in a prenegotiated path to independence, confirmed …

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty

Scholarly Articles

The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …

The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio

Law Faculty Articles and Essays

This Article will examine in Part II the historic and political relationship between Kosovo and Serbia. This Article will, in Part III, focus on the international legal issues at stake, including state secession, statehood, and state recognition. Part IV will then apply the theories of secession, statehood, and state recognition to the Kosovar situation. Part V will discuss, and debunk, the relevant legal theories purporting to justify the Kosovar independence. Part V will also discuss some important political and legal issues that plague Kosovo in its near future as a new state. Finally, Part VI will conclude that other solutions …