Kosovo: a precedent? : the declaration of independence, the advisory opinion and implications for statehood, self-determination and minority rights

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Kosovo: a precedent? : the declaration of independence, the advisory opinion and implications for statehood, self-determination and minority rights

edited by James Summers

Martinus Nijhoff, 2011

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Includes bibliographical references and index

Description and Table of Contents

Description

Kosovo's declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world's countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo and, in particular, the International Court of Justice's Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.

Table of Contents

  • Editor's Preface
  • Notes on the Contributors
  • List of Abbreviations
  • Part I Introduction Chapter 1 Kosovo: From Yugoslav Province to Disputed Independence James Summers
  • Part II Kosovo's Unilateral Declaration of Independence Chapter 2 Another Frozen Conflict: Kosovo's Unilateral Declaration of Independence and International Law Kaiyan H. Kaikobad Foreword by Colin Warbrick
  • Chapter 3 From Province to Protectorate to State: Sovereignty Lost, Sovereignty Gained? Morag Goodwin
  • Chapter 4 A Contemporary Interpretation of the Principles of Sovereignty, Territorial Integrity and Self-Determination, and the Kosovo Conundrum Besfort Rrecaj
  • Chapter 5 Kosovo: Unilateral Secession and Multilateral State-Making Jure Vidmar
  • Part III Kosovo and Self-Determination and Minority Rights Chapter 6 Self-Determination and Minority Protection after Kosovo Helen Quane
  • Chapter 7 Post-World War 2 Exercises of Self-Determination: "Peaceful", "Friendly", and "Other" Elizabeth Chadwick
  • Chapter 8 The Long Intervention in Kosovo: A Self-Determination Imperative? Stephen Tierney
  • Chapter 9 Kosovo's Independence: Re-Examining the Principles Established by the EC Badinter Commission in Light of the ICJ's Advisory Opinion Gulara Guliyeva
  • Chapter 10 The Kosovo Question and Uti Possidetis: The Potential for a Negotiated Settlement Stephen Allen And Edward Guntrip
  • Part IV Implications of Kosovo as a Precedent for Other Regions Chapter 11 Is Kosovo and Metohija Indeed a 'Unique Case'? Miodrag A. Jovanovic
  • Chapter 12 The Impact of the 'Kosovo Precedent' on Self-Determination Struggles Snezana Trifunovska
  • Chapter 13 The Impact of Kosovo: A Precedent for Secession in Georgia? Vakhtang Vakhtangidze
  • Chapter 14 The Basque Country: With or Without the Spanish Constitution, Like or Unlike the Kosovo Precedent? Miryam Rodriguez-Izquierdo Serrano
  • Index.

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