Essay On Kosovo

This essay will focus on the debate around Kosovo qualifying as a state under International law. Particular attention will be drawn to the criteria established by the Montevideo convention that sets out characteristics which institutes statehood (Redman 2002, 339). This criterion includes: permanent population, defined territory, government efficiency and the capacity to enter into relations with other states (Dugard 2005, 83-84). Through the analysis of Kosovo’s history one will also begin to understand if it is recognised by other states. Lastly, one will see how this case study contributes to the debate around the nature of international law.

Kosovo is the disputed borderland between Serbia and Albania which has a troubled history due to the “deep-rooted antagonisms between different ethnic groups wanting to claim it” (Bideleux, 1998). In 1912 Serbia and Montenegro took over Kosovo and gained sovereignty over it during which there were more Albanian settlers than they were Serbs (International Crisis Group 2010). Many decades later, the 1974 constitution “granted Kosovo autonomy and the status of a federal unit” (International Crisis Group 2010). However it was not long until Milosevic, the president of Serbia, revoked Kosovo’s autonomy by initiating security forces on them. This resulted in many disputes, attacks and retaliation within Kosovo which then forced both sides to sign an Interim Agreement for Peace and Self-government in Kosovo (International Crisis Group 2010). This was not successful as the six-nation group had hoped to be as Serbia continued its vicious use of force against the Albanians whom occupied Kosovo. 2001 was a significant year as this was when the UNMIK established a framework and allowed for elections...

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... that would destabilize many reigns of the world” (Dan 2010). It is evident that “international law exists only in theory and not in practice “(John 2005, 267). This clearly proves that there is a major debate around the nature of international law as in some cases they do not abide by the rules but rather confront each case differently.

Therefore based on all the evidence above, one will see that Kosovo only qualifies for three out of the possible four factual criteria required to be recognised as a state under the international law. Although other states recognition does have an influence on the claimant’s statehood, in this particular case they do not outweigh the international law. In most cases however, there is indeed a debate around the nature of international law and its effectiveness. Evidently, Kosovo is not regarded as a state under international law.