This year will mark the 10th anniversary of the Kosovar declaration of independence on February 18, 2008. This is a good opportunity to deal with the eventful history of Kosovo, a small area in the Western Balkan as big as Upper Austria. Until now, there is a controversy over the legal status of Kosovo under public international law. The political tensions between Kosovo and Serbia continue. For example, most recently on July 21, 2018 Serbia refused Kosovo´s Minister for Foreign Affairs, Behgjet Pacolli, entry. Since Kosovo is no State, Belgrade argues, Kosovo cannot have a Minister for Foreign Affairs.
Dealing with Kosovo is fruitful in many ways, in my point of view, for it can help to understand the triggers for remedial secession, to explain the external and internal right of self-determination of minorities and to show how political participation and the right to secession are linked.
The eventful history of Kosovo will be portrayed at the outset of my seminar paper by discussing and highlighting selected aspects (2. A Short History of Kosovo – Selected Aspects). In a next step, the ICJ´s Advisory Opinion of July 22, 2010 concerning Kosovo will be presented and critically appraised by discussing two noteworthy separate opinions (3. ICJ Advisory Opinion of July 22, 2010). Afterwards, the controversial instrument of remedial secession will be discussed by examining the normative question about its application in the Kosovo case (4. Right to secession?).
At the end of my seminar paper a conclusion of the findings discussed will be provided.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- A Short History of Kosovo – Selected Aspects
- ICJ Advisory Opinion of July 22, 2010
- Right to Secession?
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This seminar paper delves into the multifaceted history and legal status of Kosovo, specifically analyzing the ICJ's Advisory Opinion of July 22, 2010 on Kosovo's declaration of independence. The paper aims to understand the historical context of Kosovo, assess the international legal framework surrounding secession, and explore the concept of remedial secession in relation to the Kosovo case.
- The historical development of Kosovo, highlighting key events and challenges faced by the Albanian population.
- The ICJ's Advisory Opinion of July 22, 2010 concerning Kosovo's declaration of independence.
- The controversial issue of remedial secession and its potential application to the Kosovo case.
- The relationship between political participation, the right to self-determination of minorities, and the right to secession.
- The international legal framework surrounding the right of self-determination and secession.
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the topic of Kosovo's declaration of independence and the ongoing controversy surrounding its legal status under international law. It also discusses the political tensions between Kosovo and Serbia and the implications of Kosovo's status for understanding the concept of remedial secession.
- A Short History of Kosovo – Selected Aspects: This chapter provides a brief overview of Kosovo's history, highlighting key events and challenges faced by the Albanian population, particularly during the Serbian rule and the Yugoslav period. It examines the historical context of Kosovo's relationship with Serbia and the evolving status of the Albanian population.
- ICJ Advisory Opinion of July 22, 2010: This chapter focuses on the ICJ's Advisory Opinion on Kosovo's declaration of independence, analyzing its key findings and the arguments presented by both sides. It discusses the legal framework surrounding the right of self-determination and examines the ICJ's reasoning for its conclusions.
- Right to Secession?: This chapter explores the controversial instrument of remedial secession and its potential application to the Kosovo case. It examines the normative arguments for and against remedial secession and discusses the legal criteria for its justification.
Schlüsselwörter (Keywords)
The central themes of this seminar paper revolve around the legal status of Kosovo, the concept of remedial secession, the right of self-determination, minority rights, political participation, and the historical relationship between Kosovo and Serbia. The ICJ's Advisory Opinion on Kosovo's declaration of independence serves as a key reference point for the analysis of these themes.
- Quote paper
- Daniel Kurzmann (Author), 2018, Kosovo and Remedial Secession, Munich, GRIN Verlag, https://www.grin.com/document/540650
