The Unilateral Secession of Kosovo as a Precedent in International Law

Thomas Fleiner

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI:
The Unilateral Secession of Kosovo as a Precedent in International Law

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This chapter takes the Kosovo case as an occasion to discuss in principle possible far-reaching effects of the ongoing narrative about the precedence argument upon internationally guaranteed fundamental human rights. It concludes that with the secession decided without any referendum, Kosovo Provisional Authorities have violated vital interests and fundamental human rights of the minority communities in Kosovo in general and the Serb community in particular. Minorities could not participate in decision-making concerning one of the most important issues of public affairs (foundation of a new State), which directly affects their existence. They were even deprived of their universally guaranteed fundamental right of access to justice.

Keywords: human rights; international law; secession; minorities; Kosovo

Chapter.  8359 words. 

Subjects: Public International Law

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