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

Research output: Contribution to journalArticlepeer-review

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Secession in Theory and Practice: The Case of Kosovo and Beyond. / Cismas, Ioana.

In: Goettingen Journal of International Law, Vol. 2, No. 2, 2010, p. 531-587.

Research output: Contribution to journalArticlepeer-review

Harvard

Cismas, I 2010, 'Secession in Theory and Practice: The Case of Kosovo and Beyond', Goettingen Journal of International Law, vol. 2, no. 2, pp. 531-587. <http://www.gojil.eu/issues/22/22_article_cismas.pdf>

APA

Cismas, I. (2010). Secession in Theory and Practice: The Case of Kosovo and Beyond. Goettingen Journal of International Law, 2(2), 531-587. http://www.gojil.eu/issues/22/22_article_cismas.pdf

Vancouver

Cismas I. Secession in Theory and Practice: The Case of Kosovo and Beyond. Goettingen Journal of International Law. 2010;2(2):531-587.

Author

Cismas, Ioana. / Secession in Theory and Practice: The Case of Kosovo and Beyond. In: Goettingen Journal of International Law. 2010 ; Vol. 2, No. 2. pp. 531-587.

Bibtex - Download

@article{9765650974594234acee14b3d00aaab3,
title = "Secession in Theory and Practice: The Case of Kosovo and Beyond",
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{\textquoteright}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.",
author = "Ioana Cismas",
year = "2010",
language = "English",
volume = "2",
pages = "531--587",
journal = "Goettingen Journal of International Law",
number = "2",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - Secession in Theory and Practice: The Case of Kosovo and Beyond

AU - Cismas, Ioana

PY - 2010

Y1 - 2010

N2 - 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.

AB - 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.

M3 - Article

VL - 2

SP - 531

EP - 587

JO - Goettingen Journal of International Law

JF - Goettingen Journal of International Law

IS - 2

ER -