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Author: James Summers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004175997
Category : Law
Languages : en
Pages : 472
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Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author: James Summers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004175997
Category : Law
Languages : en
Pages : 472
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Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author:
Publisher:
ISBN: 9788670672499
Category :
Languages : en
Pages :
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Book Description
Author: Marko Milanovic
Publisher: Oxford University Press, USA
ISBN: 0198717512
Category : Law
Languages : en
Pages : 385
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Book Description
The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.
Author: Annemarie Peen Rodt
Publisher: Routledge
ISBN: 1317530217
Category : Political Science
Languages : en
Pages : 240
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Book Description
Kosovo embodies a key moment in the international practice of dealing with secessionist self-determination conflicts. For the first time, outside of the colonial context, and excepting Bangladesh in 1971, an entity's declaration of independence has been widely, albeit not universally, recognised. As such, the case of Kosovo has sharpened the focus and intensified the debate on the issue of self-determination conflicts and how they are managed by the international community. This volume contributes to this debate by examining Kosovo in historical and contemporary comparative perspective and by reflecting on the legal, ethical and political implications of its successful declaration of independence. This book was originally published as a special issue of Europe-Asia Studies.
Author: James Summers
Publisher: BRILL
ISBN: 9047429435
Category : Law
Languages : en
Pages : 471
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Book Description
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author: Thomas Kruessmann
Publisher: LIT Verlag Münster
ISBN: 9783643905994
Category : Balkan Peninsula
Languages : en
Pages : 0
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Book Description
This book examines the EU integration experience of southeastern Europe as a tool-box for the European Neighborhood Policy, in particular for the proposed association of Moldova and the countries of the South Caucasus. Although EU accession and EU association are distinctly different concepts, the book defines a number of signature issues and lessons learned from the EU integration of southeastern Europe, and it provide a rich background for the policy choices that Moldova and the countries of the South Caucasus are facing. (Series: Grazer Contributions to the Law of the Countries in Southeast Europe and the European Integration / Grazer Beitrage zum Recht der Lander Sudosteuropas und der Europaischen Integration - Vol. 4) [Subject: European Studies, Politics]
Author: Andrew J. Bacevich
Publisher: Columbia University Press
ISBN: 0231500521
Category : Political Science
Languages : en
Pages : 244
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Book Description
More than any other episode since the end of the Cold War, the conflict in Kosovo revealed the distinctive attributes of a new American "way of war." In so doing, Kosovo also brought into sharp focus the military, political, and moral dilemmas confronting a liberal democracy intent on wielding preeminent power on a global scale. What are the moral implications posed by waging high-tech warfare for humanitarian purposes? Does the precedent set by intervention of this type point toward peace and stability or toward more war? How well suited are the United States military and American society as a whole to the security challenges of the age of globalization? According to Bacevich and Cohen, gauging the "success" achieved in Kosovo yields important answers to these and related questions. The volume includes a well-crafted historical overview of the war and six essays that place it in a broader context. The contributors explore the conflict's relationship to U.S. grand strategy, the Revolution in Military Affairs, and American civil-military relations, among other topics. Contributors: William A. Arkin, Andrew J. Bacevich, Eliot A. Cohen, Alberto R. Coll, James Kurth, Anatol Lieven, Michael Vickers
Author: John Dugard
Publisher: BRILL
ISBN: 9004257497
Category : Law
Languages : en
Pages : 310
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Book Description
Also available as an e-book The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).
Author: Aidan Hehir
Publisher: Routledge
ISBN: 1135169217
Category : History
Languages : en
Pages : 224
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Book Description
This book examines international engagement with Kosovo since NATO’s intervention in 1999, and looks at the three distinct phases of Kosovo’s development; intervention, statebuilding and independence. Kosovo remains a case study of central importance in international relations, illustrative of key political trends in the post-Cold War era. During each phase, international policy towards Kosovo has challenged prevailing international norms and pushed the boundaries of conventional wisdom. In each of the three phases 'Kosovo' has been cited as constituting a precedent, and this book explores the impact and the often troubling consequences and implications of these precedents. This book explicitly engages with this debate, which transcends Kosovo itself, and provides a critical analysis of the catalysts and consequences of contemporary international engagement with this seminal case study. Each chapter focuses on a particular aspect of the international engagement with Kosovo and situates events there in an international context, highlighting the extent to which international policy towards Kosovo has challenged existing norms and practices. Kosovo has been cited in certain texts as a positive template to be emulated, but the contributors to this book also identify the often controversial and contentious nature of these new norms. This book will be of much interest to students of humanitarian intervention and statebuilding, war and conflict studies, security studies and IR in general. Aidan Hehir is a Senior Lecturer in International Relations at the Department of Politics and International Relations, University of Westminster.
Author: James Ker-Lindsay
Publisher: Bloomsbury Publishing
ISBN: 0857714120
Category : Political Science
Languages : en
Pages : 285
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Book Description
In 2008, Kosovo declared independence from Serbia. Was this the final chapter in the break-up of Yugoslavia and the successful conclusion to the Balkan Wars of the 1990s? Or was it just one more wrong turn in the path to stability in the Balkans which has set a dangerous precedent for regional conflict throughout the world? When the UN Security Council authorised negotiations to determine the final status of Kosovo in October 2005, most observers confidently expected the Serbian province to become an independent state by the end of the following year. However, the process did not go as planned. After two years of discussions, conducted by two different sets of mediators, the two sides had still not reached an agreement. With the risk of violence in Kosovo increasing, Western leaders appeared to be left with no choice but to accept a unilateral declaration of independence - despite the destabilising effects that this might have on regional and international security. James Ker-Lindsay here charts the course of Kosovo's path to independence. He points out the serious flaws in the way the talks were conducted and shows how the discussions became caught up in renewed East-West tensions. This clear and perceptive account will be essential reading for anyone with an interest in the recent history of the Balkans or in international conflict resolution.
