Kosovo and intersecting legal regimes: an interdisciplinary analysis

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Abstract

The unilateral declaration of independence by Kosovar authorities in Pristina in 2008 has been the source of various controversies in international affairs. From a legal perspective, Kosovo’s secessionist drive is contrary to the well-established position of international law regarding the territorial integrity of states. From a political perspective, Kosovo’s case exemplifies the political drive to alter the law – a drive that applies to other entities in Kosovo’s position. Both these phenomena are accompanied by the divergent interests held by Kosovars as the ‘local agency’ and by the interests of Serbia and third states (including great powers) that support or oppose Kosovo’s independence. The interdisciplinary nature of this matter is enhanced by the intersection of applicable legal frameworks with competing political interests. The motivating factors – and implications of – great power conduct in this context should be examined through the prism of political realism, which provides an enhanced perspective on the relationship between legal and political factors in all their complexity.

Details

Original languageEnglish
Pages (from-to)237-264
Number of pages25
JournalGlobal Constitutionalism
Volume6
Issue number2
Publication statusPublished - 18 Jul 2017

Keywords

  • Kosovo, political realism, reciprocity, revisionism, unilateralism