A territory is a geographical zone subject to a nation or other entity’s sovereignty, jurisdiction, or control. Again, territory involves associated airspace and adjacent waters. The territory is a fundamental identity of the description of a nation. This essay will highlight if Kosovo qualifies to be a nation under international law. Through this illustration, we will identify if Kosovo meets the objective criteria of statehood and highlight the duty of recognition under the other nations. I will also focus on why it is not recognized as a nation by the United States with few members. Also, I will debate much about the effectiveness of international law.
The history of Kosovo
On 1999, March 24th, BBC highlights listed on its website pinpointing were to debate on Kosovo o being a nation coming from the necessity. I slightly view its history as referring back to the medieval era. Kosovo experienced different territory disputes among two ethnic sets identified as the Albanians and Serbians for around a hundred years. Both the groups argue that Kosovo belonged to their ancestors and forefathers; the belief makes it difficult to identify whether Kosovo belonged to their ancestors. The Albanians argue that they are the typical blood descendants of the early Illyrians who owned the geographical area long ago (Morina, 2011). On the other hand, the Serbians argue by the same story that Kosovo belongs within the heart of its medieval kingdoms. Within their era, if there is no other making further claims, the Albanians live within them.
Factual Criteria
Pointing on to present periods, can it be concluded that Kosovo is a government that falls under international law? For a state to be known as a national, it is supposed to uphold the objective principles of the Montevideo Agreement of 1933: territory, inhabitants, administration, and can enter relations with various states.
Permanent population
As of the Montevideo Convention of 1933, there are non-requirements about populations for a nation to gain a permit as a state. Nations like the Nauru community have less than eleven thousand inhabitants. They illustrate that Kosovo qualifies through initial requirements of statehood, that is, capacity, as it holds over 1.8 million people. The Albanians cover a percentage of 90 of the population, seconded by minorities like the Serbians with other ethnic groups.
The situation of Kosovo having an actual population that was former Yugoslavia is very critical of the fact that there existed many population movements under the Kosovo territory. The Serbians fled to neighboring nations for protection. The condition changed the ethnic composition of the country vividly. Although, everlasting inhabitants were implemented when the Serbian army pulled out from Kosovo, making the Albanian inhabitants stabilized, perpetual and dominant.
Defined theory
On 2014 March 3rd, law teacher outlined on its website that Kosovo is a country that is recognized partially. It stated itself as a sovereign nation and “has de facto control over most of the territory” (Dugard, 1994). Although the issue is profound, Serbia does not “recognize the unilateral secession of Kosovo and considers it a United Nations governed entity within its sovereign territory” (Sofaer, 2000).
Kosovo area has experienced different problems in leading an extraordinary, unchanging government because of different claims it has witnessed with Serbia, whereby ownership was the most important; this occurred because Serbia rejected to accept Kosovo’s declaration of independence in 2008 February (Sofaer, 2000). At this time, it saw that a declaration of such sort was lawful and unjust. Although, on 2013 April 24th, the public affairs gazetted that it had agreed to strike a deal with Serbia and Kosovo. Kosovo emerged to overcome this by convincing Serbia’s president, Belgrade, to accept that the Kosovo territory is independent officially.
Government
As stated in the third criterion, a government must have control over its territory. Viewing the present innovations in safeguarding a peace agreement with the Serbian Administration, it can be concluded that Kosovo has complete control of its place under Atifete Jahjaga. I can state that the government of Kosovo has control over its policies and territory since it fulfills the criterion. A state has to be “independent of any other authority” Kosovo meets this statement. However, there are international bodies within Kosovo, such as NATO United Nations, and different non-governmental bodies that are not present to assume territory under the authority (Shaw, 2017). Instead, the bodies function by protecting the country to safeguard attacks from Serbia and Albania within the land. As to international law, nations of this sort are accepted in the international community because their presence ensures no broken rules and no occurrence of crimes against humankind.
Capacity to enter into relations
The United States of America involved its relations with Kosovo in the year 2008 before Kosovo accomplished its liberation. The United States has been engaged with Kosovo since 1999 through the contribution of crowds to the NATO-led Kosovo army, known as the KFOR, which maintained a secure and conducive environment for Kosovo residents (Greiçevci, 2011). Kosovo has been receiving investments in the real estate department, referred to as bilateral economic relations.
Recognition
Recognition is the procedure of recognizing the formal status of a state. Recognition is the condition under which an alternative nation approves that a governmental body has the authorized attributes and owns of statehood. Acknowledgment converses duties and rights of the states; for recognition, a state must acquire its international status to be recognized (Ryngaert, 2011). Recognition is mainly made of two types that are unilateral and collective. When a single state recognizes a state, and all the entities arguing to be a state hold the facts required, it is required as a state, duties, and rights attached to statehood. Under collective recognition, for a state to have recognition, it has to be an affiliate public of the United Nations. It is supposed to be recognized by various large nations in the international community.
Kosovo’s recognition by other nations has to be the essential thing that has never been witnessed in the state of Kosovo in the fact that recognition grants the chance to partner with other states. Engaging in various international community concerns like financial aid, war protection, and fully recognized state and trade as well—having recognized means that Kosovo has the right to compete in fields such as the Fifa world cup, Olympics and assist tourists with many practical economic matters to grow the economy.
Kosovo and the debate on international law
International law has defined an arm of policies created by custom on agreement terms and recognized by states as binding their relations with each other. International law outlines the formal duties of nations in their relationships with one another and their handling of people within state boundaries. The domain of international law encompasses a broad range of matters of global aspects like disarmament and human rights.
The discussion in Kosovo’s international law situation is whether the independence declaration was conducted legally or illegally. 2008 October, the demand of the Serbian government with the United Nations general assembly stepped on looking for advice from the international court of justice on the case of independence declaration of Kosovo (Wilde, 2011). On 2010 July 22nd, a verdict with positive remarks was ruled out by the international court of justice, stating that the declaration of independence for Kosovo did not violate international law.
U.S.A, Turkey, and France recognized Kosovo as a state immediately after being declared independent. The recognition by the above states was not just a matter of interest, but Kosovo is understood to fight for its territory lawfully (Wilde, 2011). Therefore, it can be argued that within international law, Kosovo is a state since it succeeded to reach a treaty with Serbia on its assertion of liberation and let the cohabitation of both.
Conclusion
Thus everything stated it is apparent that Kosovo is a state and qualifies all the essential standards for statehood. Kosovo meet the requirements as a state under international law. Again, Kosovo has achieved an outstanding aggregate of recognition from the international public.
References
Dugard, J. (1994). International law: a South African perspective. JS Afr. L., 862.
Sofaer, A. D. (2000). International law and Kosovo. Stan. J. Int’l L., 36, 1.
Ryngaert, C., & Sobrie, S. (2011). Recognition of states: International law or realpolitik? The practice of recognition in the wake of Kosovo, South Ossetia, and Abkhazia. Leiden journal of international law, 24(2), 467-490.
Morina, V., Korenica, F., & Doli, D. (2011). The relationship between international law and national law in the case of Kosovo: A constitutional perspective. International journal of constitutional law, 9(1), 274-296.
Shaw, M. N. (2017). International law. Cambridge university press.
Greiçevci, L. (2011). EU actorness in international affairs: The case of EULEX mission in Kosovo. Perspectives on European politics and society, 12(3), 283-303.
Wilde, R. (2011). Accordance with international law of the unilateral declaration of independence in respect of Kosovo. American journal of international law, 105(2), 301-307.
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