Kosovo Essay

The essay will discuss if Kosovo qualifies as a state under international law it will do so by looking at the history, recognition and by applying the factual criteria the state has to satisfy. The essay will conclude by deliberating whether Kosovo is a state and explain the Kosovo debate contribution to nature of international law.

Introduction

On 17 February 2008, the Assembly of Kosovo unilaterally proclaimed the Republic of Kosovo to be a sovereign state and declared its independence from Serbia. State is an entity, which is a sovereign territory, has borders with a permanent population and a government that runs its domestic affairs independently of foreign governments. (Jackson and Sorenson, 2007). Prior to the declaration, the prevailing view amongst many legal commentators was that the international law neither explicitly prohibits nor recognises right of an ethic group to unilaterally secede from a parent state. (Peter Malanczuk, 1997:78). Kosovo’s independence caused a stir in the international community there were mixed and divided reactions. At the centre of the dispute, it was Kosovo‘s right to declare independence without Serbia’s consent. In order to do so the past and the present atmosphere should be looked into considerably.

History

According to the Serbian view in competing claims concerning Kosovo’s historical significance, the national and religious factors are the central of the Serbian identity. (Miranda Vickers, 1988:6). Kosovo Albanians and Serbs both claim in this area dates back centuries, regardless of who arrived first the Albanian and Slavic people have cohabitated the territory of Kosovo for hundreds of years. Albanians on the other hand claim the first possession of Kosovo, they claim that they wer...

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...f what properly constitutes statehood dates back to 1933. The Montevideo Convention is highly contigent upon the political, historical and legal climate of the time at which it was written. It was designed to address a particular issue that statehood, which is in as a conception, is in near constant flux. The Convention as a law-making tool of normative value therefore is limited and outdated. (Redman, 2002: 342). Clarity is required in the international law so that Kosovo’s recognition will bring closure and end uncertainty.

Conclusion

Kosovo may not be regarded as a state although, it meets three of the four factual criteria and it is not yet a state under international law. If Kosovo’s recognition would be upheld, it would teach states that engage in human rights violations of its civilians that they should recheck their actions before they commit those acts.