The Debate Over Kosovar Independence

The Debate Over Kosovar Independence

  Kosovo’s declaration of independence from Serbia has created a major rift in the international community. While the United States and some major European powers have already recognized Kosovo’s sovereignty, other countries refused to follow suit, stating that such a declaration is null and void under international law. Anxiety about the precedent that Kosovar independence could set is at the heart of the debate; many nations fear that recognition of Kosovo could encourage other separatist movements across the globe.
JOHN ROSENTHAL - John Rosenthal argues that Sunday’s declaration of independence does not, in itself, make Kosovo a sovereign state. Recognition by other nations is required. Many will be reluctant to do this, as it might help legitimize separatist movements in their own countries. Furthermore, the resolution states that Kosovo will operate in full accordance with the Ahtisaari Plan, which calls for its government to be “supervised” by an EU special representative with the authority to overrule its actions. This leads Rosenthal to dub the resolution a “declaration of dependence.”... See More
THE BRUSSELS JOURNAL - Michael Huntsman acknowledges that Kosovo’s declaration of independence is traumatic for Serbia, as the region has historical and cultural significance as part of Serbian national identity, EU members like Greece and Spain have refused to recognize Kosovo’s independence, and Hunstman marvels that the UK has not followed suit, wondering what message this sends to Scottish separatists. He argues that the EU is the biggest loser in the situation, as its stated goal of a ”common foreign and security policy” has forced its member states to act against their own best interests.... See More
INTLAWGRRLS - Elena Baylis sums up the various arguments about the legality of Kosovar independence. Countries, such as Spain and Serbia, who have refused to recognize Kosovo, argue that this is because its declaration of statehood violates international law. The United States also argues that the declaration is technically illegal, but that the circumstances of the war in Yugoslavia and UN supervision make it a special case that does not set any precedents for sovereignty, Baylis wonders if this effectively makes UN recognition a prerequisite to statehood.... See More
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