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Secession in Theory and Practice: The Case of Kosovo and Beyond

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JournalGoettingen Journal of International Law
DatePublished - 2010
Issue number2
Volume2
Pages (from-to)531-587
Original languageEnglish

Abstract

This article carves out the place of secession in international law by appeal to fundamental principles and legal doctrine. It also explores major socio-political aspects in Kosovo’s history, from the battle of Kosovo Polje in 1389 to Security Council resolution 1244 (1999) that set up the United Nations Interim Administration Mission in Kosovo (UNMIK). By following these two analytical paths Kosovo is exposed as a case of remedial secession and thus as a potential legal precedent. While the elements of remedial secession are gathered, it is argued that states deprived this instance of practice of its precedential value and made it a legally insignificant act. In other words, the international community missed a rare opportunity to clarify the concept of remedial secession and to reassert its preventive force as a non-traditional human rights protection mechanism.

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