Kosovo as a State

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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 (). Many decades later, the 1974 constitution “granted Kosovo autonomy and the status of a federal unit” (). 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 (). 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 and the appointment of a president, although in 2004, “the risk of renewed violent collapse ...

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...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 Policy Briefs Series (6).
• International Crisis Group. 2010. “Kosovo Conflict History.” Page no longer available. http://www.crisisgroup.org/en/key-issues/research-resources/conflict-histories/kosovo.aspx
• Okeowo, O. 2008. “Statehood, Effectiveness and the Kosovo 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. “Kosovo’s Final Status”. International Affairs 84:1223-43.
• World Bank. 2011. Last updated July 2012. http://data.worldbank.org/indicator/SP.POP.TOTL

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