Exit Law, Enter Politics: The Foundations and the Legacy of the Contested Independence of Kosovo

Revista de Paz y Conflictos, No. 4, 2011

27 Pages Posted: 24 Dec 2010

See all articles by Simone Florio

Simone Florio

University of Granada - Political Science and Sociology Faculty

Date Written: July 14, 2010

Abstract

The way Kosovo is achieving independence has been welcomed with antithetical opinions in the international community, especially with respect to international law. This paper attempts to shed light on the legal trajectory which brought Kosovo on the way to statehood. After determining that Kosovo has not, prima facie, any positive right to independence, its de facto statehood is contrasted with a few doctrines that could contribute to support it, namely self-determination, remedial secession theory, and international dispositive powers. The analysis finds that Kosovo independence might be legally justifiable under a collective recognition theory, possibly supported with remedial arguments. Having further enquired over the effectiveness and the legitimacy of its independent status (statehood criteria), this article contends that such turn of developments in Kosovo is better explained through more genuine political reasoning. The validity of independence as a solution is not debated in itself, but on the basis of the whole process the negative effects of reaching such outcome by the way of a one-sided decision are discussed.

Suggested Citation

Florio, Simone, Exit Law, Enter Politics: The Foundations and the Legacy of the Contested Independence of Kosovo (July 14, 2010). Revista de Paz y Conflictos, No. 4, 2011. Available at SSRN: https://ssrn.com/abstract=1730708

Simone Florio (Contact Author)

University of Granada - Political Science and Sociology Faculty ( email )

C/Rector López Argueta S/N
Granada, Granada 18071
Spain

Register to save articles to
your library

Register

Paper statistics

Downloads
97
rank
264,662
Abstract Views
499
PlumX Metrics