Kosovo and Remedial Secession (PDF)

Seminar paper from the year 2018 in the subject Law - Miscellaneous, grade: 2, University of Graz, course: Human Rights, Minority Protection and Conflict Management, language: English, abstract: 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 Kosovös 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.