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Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown

Chicago-Kent Law Review

The final political status of Kosovo is ultimately a human rights issue, and a just and viable solution must balance the sovereignty and territorial integrity of Serbia with the human rights of Kosovar Albanians. A century ago Woodrow Wilson publicly endorsed self-determination as a fundamental principle linked to the equal rights of all peoples. Today it is broadly accepted as one of the essential principles of contemporary international law. Despite this exalted normative status, the principle of self-determination is limited by its inherent ambiguities.

Self-determination is a group right, to be exercised only by peoples, but there is no clear …

Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani

Chicago-Kent Law Review

State building of the union between Serbia and Montenegro represents the biggest challenge for peace and stability in the Balkans and beyond, with the issue of an unsettled Kosovo as an everlasting indicator of that challenge. The USM Agreement alone is not enough to produce the desired results. Only an overall, nonterritorial restructuring of Kosovar society along the principles and norms of the rule of law, democracy, and the respect for human and minority rights can produce the desired results. An approach based on new internal territorial divisions, such as the ongoing process of decentralization, can only further exacerbate the …

The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci

Chicago-Kent Law Review

The Article argues in support of the Kosovar Albanians' right to independence and self-determination. By examining the ancient and recent ethnic history of these people and their neighbors, particularly the Serbs, the author brings to light the shared beliefs within each group. Then by examining developments since the dissolution of the Federal Republic of Yugoslavia, through the lenses of international law and politics, the author analyzes the building blocks of sovereign statehood: defined borders, governmental institutions, and international recognition.

Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda

Chicago-Kent Law Review

Five years after the end of the conflict in Kosova, final status remains an object of discussion. The author elaborates several options that have been proposed by analysts, diplomats, and various forums. The author argues that final status must be based on the factors that influence the creation of states and on the principles behind any democratic and just solution concerning statehood: uti possidetis, the ethnic principle, and the right to self-determination.