Abstract
Act of Recognition is the matter regulated by international law. After declaration of independence, Kosovo’s path toward EU integration is going to be problematic for Kosovo institutions and challenging for EU foreign policy. Even though Kosovo was recognized by major international actors as sui generis case, some of them see this case as precedent and harmful for supposed developments within their jurisdictions, especially by 5 EU not recognizing countries. The article aims to justify the proclamation of independence by Kosovo institutions and to analyze the possible negative effects deriving from non-recognition policy for Kosovo and its new fragile democracy, hampering the democratic peace. The policy of minor EU member states, contesting Kosovo’s statehood based on the assumption that the act of recognition will open a dangerous path for secession-minded national minorities in their own countries, taking into account that through (non)recognition, states attempt to continue or change the existing order at international relations. Postponing Kosovo’s recognition by the rest of EU members will accumulate negative potentials within the new state, with possible consequences for the region.
Highlights
The ethnocentric Serbian official policy continuously ignored the idea of providing Kosovo an equal political status within the ex-Yugoslav Federation
Kosovo was recognized by major international actors as sui generis case, some of them see this case as precedent and harmful for supposed developments within their jurisdictions, especially by 5 EU not recognizing countries
The final process of secession of Kosovo from Serbia seems to be challenging for both countries
Summary
The ethnocentric Serbian official policy continuously ignored the idea of providing Kosovo an equal political status within the ex-Yugoslav Federation. Powers of 1974 Kosovo’s autonomy were dismantled, physical and structural violence against its population increased, triggering a gradual dissociation from Serbia and evolution towards an independent Albanian entity. Insufficient patience by international community toward peaceful approach applied for ten years by the Kosovo population, redirected the society to an extreme approach the armed Liberation War. Eight years after the war, Kosovo declared independence from Serbia. After the act of declaration, Kosovo’s path toward EU, considering the actual level of recognitions, is going to be problematic for Kosovo and a tough challenge for EU foreign policy. “Independence for Kosovo has done little to clarify the very ambiguous legal process of recognition and constitutes a unique constellation of factors which militate against emulation. Fears that Kosovo would have a domino effect are misplaced to the extent that states, such as Spain, Russia and China, which currently harbor disgruntled minorities, are highly unlikely to ever have to counter Western support for the secession of one of these regions” (Hehir, 2009)
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