Regulating Statehood: The Kosovo Status Settlement

Leiden Journal of International Law, Vol. 20, 2007

20 Pages Posted: 9 Sep 2008 Last revised: 28 Apr 2011

Jean d'Aspremont

University of Manchester - School of Law; University of Amsterdam

Date Written: 2007

Abstract

On 2 February 2007 the Special Envoy of the UN Secretary-General unveiled a comprehensive proposal for a supervised independence of Kosovo with a view of clinching the last chapter of the dismemberment of Yugoslavia. This proposal constitutes a further attempt by the international community of states to bridle the volatile and unpredictable phenomenon of statehood. The state of Kosovo that is envisaged by the Status Settlement is to be endowed with all the features that are nowadays seen as indispensable for the establishment of a modern government apparatus, a tendency that had already been observed in the case of Bosnia and Herzegovina or East Timor. The proposed regulation of statehood in this case, however, proves to be of an unprecedented extent. Against that backdrop, the article grapples with the legal questions revolving around the independence of Kosovo, including secession, recognition, succession, international supervision, self-determination, and membership of international organizations.

Keywords: Statehood, Recognition, Kosovo, International Law, Administration, Non-Recognition, Self-Determination

Suggested Citation

d'Aspremont, Jean, Regulating Statehood: The Kosovo Status Settlement (2007). Leiden Journal of International Law, Vol. 20, 2007. Available at SSRN: https://ssrn.com/abstract=1265529

Jean D'Aspremont (Contact Author)

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

University of Amsterdam ( email )

Amsterdam Centre for International Law
P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/j.daspremont/

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