Consolidating the Statehood of Kosovo: Leaving the International Law Narrative Behind

Abstract

The status of Kosovo remains controversial among international lawyers. Yet while international law was of relevance with respect to the emergence of Kosovo as an independent entity, it is more doubtful whether it still has any role to play in the consolidation of Kosovo’s status. After recalling how facts and law articulate in connection to questions of Statehood, this article scrutinizes a number of continuing legal controversies with a view to gauging international law’s relevance beyond the Advisory Opinion of the International Court of Justice. Special attention is paid to the so-called ‘Footnote Agreement,’ the status of Resolution 1244 as well as the question of the name. It is argued that international law’s impact is, at best, indirect and that other factors can have a more direct influence.

Keywords: Kosovo, International Law, Statehood, Recognition, Obligation not to recognize, UNSC Res 1244 (1999), Self-Determination, International Court of Justice, Advisory Opinion, Footnote Agreement, Serbia, Yugoslavia, Collective Security, Law and Fact