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  • Essay / Kosovo as a State - 1825

    This essay will focus on the debate surrounding the qualification of Kosovo as a state under international law. Particular attention will be drawn to the criteria established by the Montevideo Convention which defines the characteristics establishing state status (Redman 2002, 339). This criterion includes: the permanent population, the defined territory, the effectiveness of the government and the capacity to enter into relationships with other states (Dugard 2005: 83-84). Through the analysis of the history of Kosovo, one will also begin to understand whether this country is recognized by other states. Finally, we will see how this case study contributes to the debate on the nature of international law. Kosovo is a disputed border between Serbia and Albania that has a turbulent history due to "deep-rooted antagonisms between different ethnic groups wanting to claim it". » (Bideleux, 1998). In 1912, Serbia and Montenegro took control of Kosovo and gained sovereignty there, during which time there were more Albanian settlers than Serbs (). Several decades later, the 1974 constitution “granted Kosovo autonomy and the status of a federal unit” (). However, it did not take long for Milosevic, the president of Serbia, to revoke Kosovo's autonomy by launching security forces there. This gave rise to numerous disputes, attacks and reprisals in Kosovo, which later forced both sides to sign an interim agreement for peace and autonomy in Kosovo (). This did not succeed as the group of six nations had hoped, as Serbia continued its brutal use of force against the Albanians who occupied Kosovo. 2001 was an important year because it was the year that UNMIK established a framework and allowed elections and the appointment of a president to take place, although in 2004 there was "the risk of another violent collapse." .. middle of paper..... .e Creation of States in international law. Oxford: Claredon Press. • Dugard, J. 2005. International Law – A South African Perspective. Chapter 5 “States” and chapter 6 “Recognition of governments”. Lansdowne: Juta. • KIPRED. 2007. Kosovo: The Unprecedented State. KIPRED Guidance Notes Series (6). • International Crisis Group. 2010. “History of the Kosovo Conflict.” The page is no longer available. http://www.crisisgroup.org/en/key-issues/research-resources/conflict-histories/kosovo.aspx• Okeowo, O. 2008. “Statehood, Effectiveness, and Kosovo’s Declaration of Independence.” http://www.ssrn.com/abstract=1316445,3.• Redman, M. 2002. “Should Kosovo be entitled to statehood? The Political Quarterly 73: 338-43. • Weller, M. 2008. “The Final Status of Kosovo.” International Affairs 84: 1223-43. • World Bank. 2011. Last updated July 2012. http://data.worldbank.org/indicator/SP.POP.TOTL