RECOGNITION OF KOSOVO INDEPENDENCE AS A VIOLATION OF INTERNATIONAL LAW
RECOGNITION OF KOSOVO INDEPENDENCE AS A VIOLATION OF INTERNATIONAL LAW

Summary/Abstract: Has International Law been violated by the states which recognized the independence of Kosovo? The raised question has resulted from the recent secession of Kosovo and Metohia. It is a starting point of the theoretical analysis of the problem of creation and recognition of states in international law. Contrary to the classical international law doctrine according to which the act of recognition is purely a political act and not subject to legal appreciation, the author demonstrates that an act of recognition of a state by another state can be considered in legal terms and possibly declared unlawful. This seems particularly true in the case of independence of Kosovo and Metohia since the UNSC Resolution 1244 protects the sovereignty and territorial integrity of the Republic of Serbia.

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