عنوان

The international element, statehood and democratic nation-building :

3030059952

9783030059958

3030059944

9783030059941

The international element, statehood and democratic nation-building :

[Book]

exploring the role of the EU and international community in Kosovo's state-formation and state-building /

Dren Doli.

Cham, Switzerland :

Springer,

[2019]

1 online resource (xiii, 232 pages)

Includes bibliographical references.

Intro; Acknowledgements; List of Abbreviations; Contents; Part I: Myths, Realities and Perspectives; Chapter 1: State Formation, State-Building and International Element; 1.1 Introduction; 1.2 The Main Objectives and the Structure of the Book; References; Books and Articles; Chapter 2: History, Identity and Myths. How Narratives of the Past [Are] Shape[ing] the Present?; 2.1 The Myth, Identity and Nationhood; 2.2 Kosovo, Ottoman Empire and Yugoslavia; 2.3 The Dissolution of Yugoslavia, Kosovar-Albanian Peaceful Resistance Efforts and NATO Intervention; References; Books and Articles

3.2 Developing the Contours of an Independent Multi-Ethnic [and Supervised] Republic. Vienna Negotiations and the Unveiling of Ahtisaari PlanReferences; Books and Articles; Judicial Decisions and Court Proceedings (International Tribunals and Domestic Courts), Official Documents, Domestic Legislation, International Agreements, Official Letters, Statements and Declarations, Press Releases and Media Reports; Chapter 4: International Element, Quest to Statehood and International Law

4.1 Legitimacy Through the Sounds of Silence: ICJs Kosovo Advisory Opinion, the [Attempted] Secession and International Law4.1.1 Jurisdiction and Discretion of the Court: Explaining How [Selection of] the Principles of Interpretation Impact Kosovo's Claim to Statehood; Determination of Jurisdiction; Determining Whether the Question Is a Legal Question; Whether the Court [Could Have] Used Its Discretion and Declined to Exercise Its Advisory Jurisdiction; 4.1.2 Rephrasing the Question as a Strategy to Limit the Negative Effects of the Advisory Opinion vis-à-vis Kosovo

4.2 The Virtue of Silence: How the Court Explained the Status of (Kosovo's) Unilateral Declaration of Independence According to International Law4.2.1 Kosovo's Unilateral Declaration of Independence as an Expression of the Pouvoir Constituant; 4.2.2 The Status and Nature of Kosovo's Unilateral Declaration of Independence According to International Law; 4.3 In Lieu of a Conclusion; References

Judicial Decisions and Court Proceedings (International Tribunals and Domestic Courts), Official Documents, Domestic Legislation, International Agreements, Official Letters, Statements and Declarations, Press Releases and Media ReportsChapter 3: Legitimacy Through Missing Consensus. Kosovo and the 1244 Resolution, Vienna Negotiations and Ahtisaari Plan: The Starting Point for the 'International Element'; 3.1 Kosovo Under 1244 Resolution: UNMIK and the International Administration of Kosovo

0

8

8

8

8

This book represents a unique endeavor to elucidate the story of Kosovos unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovos right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovos state-formation and state-building processes. It explains how the EUs involvement as an 'internationally blended element in Kosovos efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

Springer Nature

com.springer.onix.9783030059958

International element, statehood and democratic nation-building.

9783030059941

Nation-building-- Kosovo (Republic)

Recognition (International law)

International law.

Nation-building.

Politics and government.

Recognition (International law)

Kosovo (Republic), International status.

Kosovo (Republic), Politics and government, 1980-2008.

Kosovo (Republic), Politics and government, 2008-

Kosovo (Republic)

0

0

0

7

Doli, Dren

20200823082047.0

pn

[Book]

Y