The Legal Status of Kosovo under International Law: A Case Study on Self-Determination vs. Territorial Integrity

  • Shahanaz Begum Shaik and Arshad Pazhayathavalam Rahumathulla
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  • Shahanaz Begum Shaik

    Student at Christ (Deemed to be University), India

  • Arshad Pazhayathavalam Rahumathulla

    Student at Christ (Deemed to be University), India

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Abstract

This essay discusses the intricate legal status of Kosovo in international law, paying special attention to the conflict between the doctrines of self-determination and territorial integrity. The declaration of independence by Kosovo in 2008 precipitated an international discussion, and the legality of the declaration and its implications for international rules have been interpreted differently. The historical context of the dissolution of Yugoslavia and the UN administration is examined in this study to comprehend the peculiar situation of Kosovo's statehood. The study evaluates Kosovo's adherence to the conventional statehood criteria under the Montevideo Convention, such as permanent population, bounded territory, effective government, and ability to engage in relations with other states. The paper also examines the effect of Kosovo's recognition on international legal precedents, especially with regard to unilateral declarations of independence and the delicate balance between self-determination and territorial sovereignty. Through a thorough examination of international responses and legal views, including the ICJ's advisory opinion, the paper brings to the fore the continuing challenges and controversies surrounding Kosovo's legal status. The report concludes by noting the implications of Kosovo's case for future secessionist cases and the developing character of statehood in international law.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1836 - 1849

DOI: https://doij.org/10.10000/IJLMH.119235

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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