Kosovo’s Declaration of Dependence

http://www.wvwnews.net/story.php?id=2476, the former Kosovo Liberation Army (KLA) guerrilla leader, has been formally installed as the prime minister of Kosovo. Ruling over a new coalition government, he has promised to declare the province’s independence from Serbia within weeks. The United States and Germany have agreed to recognise Kosovo, and to get the rest of Europe to follow suit. However, Kosovo’s long anticipated declaration of independence will not create an independent state.

http://www.wvwnews.net/story.php?id=2901

David Chandler  

One could be forgiven for thinking that Kosovo’s promise last week to declare independence has caught the international community off-guard. It appears to be a highly divisive issue; the United Nations Security Council has been unable to reach an agreement on Kosovo’s future status. Even European Union member states have been unable to reach a consensus on recognition and will do so unilaterally rather than collectively.

Considering its divisive nature, it might seem strange that Kosovo’s independence has become such an apparently urgent international question. It might appear that the electoral success for separatists or disagreements between the Kosovo government in Pristina and the Serbian government in Belgrade have forced the issue on to the agenda. In fact, Kosovo’s declaration of independence has little to do either with elections in Kosovo or with relations with Belgrade. It is the http://www.wvwnews.net/story.php?id=2914 that have pushed for a ‘declaration of independence’, despite the lack of international consensus on the question and despite Serbian government opposition. However, it would be wrong to see this move as being driven by the desire to weaken or to punish Serbia. In fact, the Kosovo question has been a major problem both for the EU and the Serbian government, holding back the possibility of closer cooperation and EU enlargement.

At the formal level of legal sovereignty there has been substantial disagreement over recognising Kosovo’s independence from Serbia. States opposing recognition – EU members such as Cyprus or Security Council member Russia – have been primarily concerned over the legal principles held to be at stake and the state-based international order they uphold.

However, to see the issue of Kosovo’s independence solely in terms of traditional international relations questions of state sovereignty and the framework of international law would be to miss the dynamics of the Kosovo declaration, which has been driven by the need to change international institutional structures for managing the province rather than by conflicts over control of the territory.

http://www.spiked-online.com/index.php?/site/article/4278/

2008-01-18