This Article proposes and defends this Remedial Model of secession.5 Kosovo’s recent unilateral declaration of independence (UDL)6 provides an excellent opportunity to reconsider grounds for secession and to test the Remedial Model. 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. This book was originally published as a special issue of Europe-Asia Studies. Based on the case of Kosovo, we propose an alternative explanation to this observed path towards recognisable’ statehood: ‘remedial sovereignty’ whereby a people realise statehood by invoking remedial secession and undergoing a transitional period of mediated international administration, characterized by elements of sovereignty which are externally designed and internally earned. Recognizing Kosovo’s independence: Remedial secession or earned sovereignty? The concept of remedial secession is actually a … Therefore, we propose ‘remedial sovereignty’ as a useful paradigm to provide the international community with a framework to confer statehood on those peoples for whom there is no other choice, thereby resolving the ‘recognition dilemma’ experienced in the aftermath of the Kosovo’s declaration of independence. ).At the end of my seminar paper a conclusion of the findings discussed will be provided. It is concluded that while there is a certain body of support for the doctrine of remedial secession, no (customary) right to remedial secession has materialized under contemporary international law. 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. However, although elements of remedial secession are present in the case of Kosovo, according to Iona Cismas, the international community ‘missed a rare opportunity to clarify the concept of remedial secession and to reassert its preventive force as a non-traditional human rights protection mechanism’.1Thus, neither those states that recognised Kosovo nor the ICJ Opinion treat Kosovo’s independence as an instance of remedial secession … This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. This study identifies the emerging trends in international law on secession, then compares them with the remedial right to secede in political theories, and in the end examines the elements of remedial right to secession in the case of ... However, in view of Although, Nigeria experienced bitter civil war between 1967-1970, when the Biafrans attempted an external remedial secession, efforts were made to assuage frayed nerves as the aspiration for nationhood began in earnest. Found inside – Page 1There is new movement in the discussion about self-determination and statehood. Found insideChallenges the centrality of uti possidetis in the law of territory, with in-depth human rights law coverage of African secession. Second, given the “history of ethnic cleansing and crimes against civilians in Kosovo,” Kosovars had a right to remedial secession. - It only takes five minutes However, we argue that the doctrine of remedial secession was insufficiently ripe, in political and legal terms, to be used in 1999 to support Kosovo’s independence. this Remedial Model of secession.5 Kosovo’s recent unilateral declaration of independence (UDL)6 provides an excellent opportunity to reconsider grounds for secession and to test the Remedial Model. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession. The Kosovo Case – An Unfortunate Precedent Stefan Oeter* Abstract 51 I. Enter the email address you signed up with and we'll email you a reset link. First, in the “context of Yugoslavia’s breakup,” Kosovo—as a semi-autonomous province of the now non-existent Yugoslavian state—had a legitimate right to self-determine. Secession and Self-Determination of Peoples 55 III. The International Court of Justice (ICJ), however, fell back on the rather unimpressive conclusion that Kosovo’s declaration did not The fact that Kosovo provides the only case in which recognition has had a basis in the principles of remedial secession in international law is demonstrative of this. Found insideThis book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. For example, most recently on July 21, 2018 Serbia refused Kosovo´s Minister for Foreign Affairs, Behgjet Pacolli, entry. Research Initiatives and Centres > Centre for International Studies (CIS), DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government, secession; remedial secession; Kosovo; independence; earned sovereignty. --> this is called remedial secession Summarise the context of the Kosovo Advisory Opinion (2010) (5 points) - GA asked ICJ for opinion on whether unilateral declaration of independence by Provisional Insts of Self-Governance of Kosovo in accordance w IL The book examines Crimeas case and its accession to the Russian Federation (RF) in light of the Kosovo independence. Our paper begins by examining the applicability of the doctrine of remedial secession to Kosovo, the justifications for which can be seen clearly in the decade from 1989 to 1999. The eventful history of Kosovo will be portrayed at the outset of my seminar paper by discussing and highlighting selected aspects (2. Shortly after the Kosovo incidence (and the following recognitions) the UN General Assembly passed a resolution (sponsored by Serbia) that initiated advisory proceedings in the ICJ, Many participating States expressed their Opinion Juris on the right to self-determination and the right to remedial secession. The case studies of Kosovo, Abkhazia and South Ossetia suggested that despite the major advancement of the status of remedial secession, Kosovo still does not serve viable legal precedent capable of altering customary international law on territorial integrity with allowing remedial secession. In paticular, it notes in paragraph 114 that Resolution 1244 was essentially designed to create an interim regime for Kosovo, with a view to channelling the long-term political process to establish its final status. Found inside – Page i"In Black Garden, Thomas de Waal tells the full story of this tragic quarrel and its aftermath for the first time. [1] Following that declaration, the U.S. and several European states officially recognized the independence of Kosovo. Sorry, preview is currently unavailable. Oskanian argued that the latter qualification, made in 1970, provided grounds for the right to “remedial secession.” Oskanian then cited three cases of international practice supporting the idea of secession as a remedial right. The book explores the main characteristics of contemporary theory in international law. An examination of Security Council Resolution 1244, which set forth the international oversight of Kosovo following the 1999 NATO intervention, and the international law of self-determination, secession, and … An opposing approach is that of ‘earned sovereignty’ which aims to provide for the managed devolution of sovereign authority and functions from a state to a sub-state entity, resulting either in independence or rehabilitated autonomy within the host state. The International Community and Minority Protection in Kosovo: Standards, Independence and EU Membership. Right to secession? Third, by having “built its … On February 17, Kosovo's parliament declared Kosovo's independence from Serbia. Civil military unity of effort has been an essential yet frustrating elusive requiem for success in post cold war peace operations. Dr. Heiko Krüger is an attorney at law and commentator on international and European legal affairs in Berlin, Germany. Remedial secession in Kosovo. The case of Kosovo inadvertently laid out a framework for remedial secession that applies directly to the case of Artsakh and the expression of its right to self-determination in the face of the existential threat posed by Azerbaijan, Alex Galitsky writes in an article for The National Interest. Kosovo is an ideal candidate for the doctrine of remedial secession, if it is considered to exist. A Short History of Kosovo – Selected Aspects). In the United Nations Charter era, the secessions of Bangladesh and Kosovo and the dissolutions of the Soviet Union and Yugoslavia are sometimes invoked as situations upholding the remedial secession doctrine. This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, ... However, the precedent of remedial secession potentially created by Kosovo has so Found insideSecession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to ... The conditions of remedial secession can be identified between 1989 and 1999, when Serbia substantively abolished Kosovo’s autonomy and subjected Kosovo-Albanians to a systematic denial of their basic human rights, including general discrimination, mass dismissal of ethnic Albanians from public office and commercial enterprises, interference with the judiciary, arbitrary arrests and imprisonment, … Almost since 2015, the clamour for fragmentation of Nigeria resurges and reaching a crescendo in the last six months or so. Introduction This chapter addresses a contested legal basis for the creation of a new State under international law: remedial secession. Grace Bolton and Gëzim Visoka (2010), ‘Recognizing Kosovo’s independence: Remedial secession or earned sovereignty?’, SEESOX Occasional Paper, No. Found insideA novel analysis of secessionist movements, explaining state response, the likelihood of conflict, and the proliferation of states since 1945. This year will mark the 10th anniversary of the Kosovar declaration of independence on February 18, 2008. Found insideExplores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries. Found inside – Page 167Remedial secession was also referred to in some of the pleadings before the ICJ in the Kosovo Advisory Opinion,167 yet the Court did not consider these ... Since the end of the Cold War, the Balkans have been a bloody region. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and ... [33] unilateral secession are examined, paying particular attention to the recent case of Kosovo. Afterwards, the controversial instrument of remedial secession will be discussed by examining the normative question about its application in the Kosovo case (4. " The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this ... Fourteen states submitted briefs to the International Court of Justice in its Advisory Opinion on Kosovo to argue in favor of Kosovar secession and independence, based on the argument that international law embraced a principle of remedial secession/external self-determination in instances of severe oppression by the mother state. Kosovo and Remedial Secession 62 IV. Although operative paragraph 1 of Resolution 1244 states that a political solution shall be based on the principles of Annexes 1 and 2, those annexes are silent as to the governmental form of the final status. Introduction 52 II. Bolton, Grace and Visoka, Gëzim A comprehensive study of secession from an international law perspective. This book proposes a novel theory of self-determination; the Rule of the Great Powers. Remedial Secession and the Responsibility to Protect: The Case of Nagorno-Karabakh. Academia.edu no longer supports Internet Explorer. What Is “Remedial Secession?” The legal term of “remedial secession,” embodied in international law, describes situations where an identifiable, unified and cohesive group of people may have the legal and political right to secede from a parent State as a measure of protection against widespread, systematic and gross violations of internationally recognised human rights, such as … Intervention was needed but one for humanitarian purposes was a new event at the time. Found insideThis book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. This value-oriented approach introduces the idea of the remedial secession − a set of conditions that might justify the secession of a subgroup from its parent state as a “remedy of last resort”. Thus, although not an entitlement, remedial secession may be given effect through recognition. Recognizing Kosovo’s independence: Remedial secession or earned sovereignty? When Ter-Petrosyan was in power, the notion of remedial secession … This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. determination and the existence of any right of “remedial secession” are beyond the scope of the question posed by the General Assembly. Found inside – Page iThis edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. The nation satisfies the Montevideo Criteria, as it has a permanent population of Kosovar Albanians, who speak their own dialect, [32] and it comprises of a defined administrative unit within Serbia, particularly since being placed under the administration of the UN in 1999. Our paper begins by examining the applicability of the doctrine of remedial secession to Kosovo, the justifications for which can be seen clearly in the decade from 1989 to 1999. The National Interest: U.S. Found inside – Page 298The argument that Kosovo exercised the right to 'remedial secession' has some weaknesses, however. For example, it is unlikely for either a domestic case or ... Kosovo, the genie of remedial secession could not be put back in the bottle. Second, given the “history of ethnic cleansing and crimes against civilians in Kosovo,” Kosovars had a right to remedial secession. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations. - Publication as eBook and book Found inside – Page 36Each table sets out the parties belonging to the pro-Kosovo and ... did not take a position on remedial secession or argue that Kosovo had such a right—this ... Until now, there is a controversy over the legal status of Kosovo under public international law. The resolution did not contain any provision dealing with the final status of Kosovo or with the conditions of its achievement… Also available as an e-book The secession of States is subject to legal regulation. This book examines the twin principles of self-determination and secession in international law, using the Kosovo secession as a case study. This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist ... 1U niv ers ty ofB lg ad –F cu P S . Adopting a modern approach, this book: * uses the 'Particle in the Box' approach to quantum chemistry; * discusses new techniques such as single molecule spectroscopy and handling single macromolecules, electron and proton tunneling, ... 11/10, SESSOX, University of Oxford. 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. Found inside – Page iThis book explores secession from three normative disciplines: political philosophy, international law and constitutional law. a formal process resulting in the establishment of a sub national entity as a state within an existing country, invoked the notion of “remedial secession” in their written and oral pleadings, arguing that Kosovo had a right to independent statehood as a consequence of the human rights and other abuses that it had suffered by the Serbian authorities while subject to Serbia’s rule prior to 1999. Weiler terms 'remedial right to secession' (p. 275), and what Perritt describes as 'an inter-national legal regime that balances sovereignty against the responsibility to protect' (p. 269). Found insideIn their accounts of past secessions and current secessionist movements, the contributors to this volume focus on the following four components: the nature and source of secessionist grievances, the ideologies and techniques of secessionist ... Keywords:Kosovo, remedial secession, self-determination, international law, sui generis thesis, the International Court of Justice, Advisory Opinion on the Declaration of Independence. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. The case for remedial secession in Nagorno-Karabakh is primarily based on the right of the people to self-determination - the principle that a territorially distinct and concentrated minority people have the right to be ruled by a government reflecting their interests. - Completely free - with ISBN Firstly, if there existed a right to remedial secession in 2008, did the people of Kosovo satisfy the requirements for such a right when they declared their independence? 11/10). The book scrutinizes State practice through national digests and United Nations proceedings and reappraises the concept against the whole body of international law, thus making an important contribution to an understanding of the interplay ... You can download the paper by clicking the button above. This paper examines the main justifications for recognising Kosovo’s ndependence: ‘remedial secession’ and ‘earned sovereignty’. 3.3.2 The situation in 2008 as basis for remedial secession 34 3.4 Conclusion 35 3.5 Consequences for Kosovo 36 4 AFTER KOSOVO 38 4.1 Introduction 38 4.2 Arguments before the Court 38 4.2.1 Arguments in favour of a right to remedial secession 38 4.2.2 Arguments against a right to remedial secession 41 4.2.3 Kosovo as sui generis 46 However, there have been cases where the notion of remedial secession has been applied based on the existential threat of ethnic cleansing, including the cases of Kosovo, Timor-Leste and South Sudan. This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. Found insideThis new handbook provides a comprehensive and multidisciplinary overview of the theoretical and empirical aspects of state recognition in international politics. This book considers the issue of self-determination in the present day where some minority groups have asserted their rights to external self-determination, only to find themselves rebuffed by the world community, while other minority ... 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. Oxford University, Oxford, UK. The political tensions between Kosovo and Serbia continue. In international jurisprudence, the two key cases that touched on the subject of remedial secession were the Quebec case and the Kosovo case. While international law does not foreclose on the possibility of secession, it does provide a framework within which certain secessions are favored or disfavored, depending on the facts. The key is to assess whether or not Kosovo meets the criteria for the legal privilege of secession. - High royalties for the sales Recognition of Kosovo Sets a Precedent for Artsakh. General international law contains no applicable prohibition of declarations ... Government of Kosovo declared independence from Serbia, [Sheila Paylan is an international human rights lawyer and former legal advisor for the United Nations.] SEESOX Occasion Paper No. ICJ Advisory Opinion of July 22, 2010). This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. Kosovo has been a region urging much debate in international law and its unilateral independence in 2008 is still disputed and contested by ... [Show more] many. Found insideThis book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. 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. III. Keywords: Kosovo, remedial secession, self-determination, international law, sui generis thesis, the International Court of Justice, Advisory Opinion on the Declaration of Independence. On 3 December 2020, the French National Assembly joined the French Senate in passing resolutions nearly unanimously calling on the French government to recognize the Nagorno-Karabakh Republic … What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. Since Kosovo is no State, Belgrade argues, Kosovo cannot have a Minister for Foreign Affairs. Third, by having “built its own democratic institutions separate from Belgrade’s control,” Kosovo had in effect earned its sovereignty. The International Court of Justice basically said as much in its Advisory Opinion on Kosovo’s declaration of independence. Second, given the “history of ethnic cleansing and crimes against civilians in Kosovo,” Kosovars had a right to remedial secession. (2010) The principle of “Remedial Secession” is the modern manifestation of the principle of self-determination of a people, which entitles people who are indigenous to … At a time when the question of separatism is becoming increasingly significant in international politics, The Foreign Policy of Counter Secession is the first and only comprehensive account of the ways in which states fight acts of ... Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. Independence of Kosovo and the Legality of Recognition 67 V. Conclusions 72 Abstract Secession is a divisive issue in international legal discourse. This account of the complex negotiation process on the final status of Kosovo analyses how the international community ended up with the very result of independence that it had most wanted to avoid at the outbreak of the crisis. However, we argue that the doctrine of remedial secession was insufficiently ripe, in political and legal terms, to be used in 1999 to support Kosovo’s independence. While lack of state practice largely confined this concept to academic circles through the 1990s and much of the 2000s, remedial secession received renewed international legal attention in the proceedings concerning the International Court of Justice’s (ICJ) 2008 advisory opinion in the case Accordance with International Law of the Unilateral Declaration of Independence in Respect of … - Every paper finds readers. Fourteen states submitted briefs to the International Court of Justice in its Advisory Opinion on Kosovo to argue in favor of Kosovar secession and independence, based on the argument that international law embraced a principle of remedial secession/external self-determination in instances of severe oppression by the mother state. [14] Found insideIn this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives. The fact that Kosovo provides the only case in which recognition has had a basis in the principles of remedial secession in international law is demonstrative of this. This paper examines the main justifications for recognising Kosovo’s independence: ‘remedial secession’ and ‘earned sovereignty’. "Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. (Paper No. The doctrine of remedial secession was invoked by many states that recognised Kosovo … customary remedial secession. This book assesses how this concept affects the enforcement of international law. Produces a clear and original edited volume on the strategies of secession and counter-secession. 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