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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Secession in Theory and Practice: The Case of Kosovo and Beyond
Author(s): Cismas, Ioana
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Issue Date: Aug-2010
Date Deposited: 27-Apr-2015
Citation: Cismas I (2010) Secession in Theory and Practice: The Case of Kosovo and Beyond. Göttingen Journal for International Law, 2 (2), pp. 531-587.;
Abstract: Since 17 February 2008 - the day of Kosovo's declaration of independence from Serbia - it has become rather pressing to understand whether this act has legal precedential value and hence what its consequences are. This article carves out the place of secession in international law by appeal to fundamental principles and legal doctrine. It also explores major sociopolitical aspects in Kosovo's history, from the battle of Kosovo Polje in 1389 to Security Council resolution 1244 (1999) that set up the United Nations Interim Administration Mission in Kosovo (UNMIK). By following these two analytical paths Kosovo is exposed as a case of remedial secession and thus as a potential legal precedent. While the elements of remedial secession are gathered, it is argued that states deprived this instance of practice of its precedential value and made it a legally insignificant act. In other words, 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.
DOI Link: 10.3249/1868-1581-2-2-Cismas
Rights: Publisher is open-access. Open access publishing allows free access to and distribution of published articles where the author retains copyright of their work by employing a Creative Commons attribution licence. Proper attribution of authorship and correct citation details should be given.

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