Abstract | الملخص

The independence of Kosovo from Serbia on February17th 2008 resulted in various reactions and divisions in the international community. While Serbia refuses to recognize Kosovo's sovereignty, arguing that Kosovo’s secession and consequently the recognition of that secession was in violation of international law, some other states including the US, the UK and most of the EU's member states recognized Kosovo's independence. It's a source of concern for the international community that the example of Kosovo might set as a legal precedent for the other separatist disputes in various parts of the world. The legality of secession is a difficult question under international law as two legal principles are interrelated: the right of states to maintain their territorial integrity and the right of peoples to self-determination. Determining the legality of Kosovo's unilateral deceleration is before the International Court of Justice at the moment. Any determination by the World Court will require careful consideration of the above two mentioned principles. This forthcoming advisory opinion will be added to the case law of the Court and will undoubtedly be one of its significant case law if it clarified the rules regarding secessions. However, one should not expect that the court's final determination on Kosovo's status will be likely to affect the matter of states' recognition. This article tackles the legal issues of Kosovo’s declaration of independence and consequently states' recognition of such independence. Moreover, the article sheds some light on the General Assembly's request for an advisory opinion regarding the legality of unilateral declaration of independence which is still pending before the International Court of Justice.

Authors | المؤلفون

Ibrahim Mashhour Aljazy , Mahasen Mohammad Aljaghoub

Keywords | الكلمات الدالة

Modern English Poetry; Yeats; Eliot; Auden; Frost; Larkin; Levertov; Global; Provincial; Parochial Interest; Christology; Christian Sensibility; the Other; The Islamic Other; Civilizations; Byzantium; Incarnation; Redemption; Worldview

Full Text | المقال كاملا

References | المراجع