We the People: Self-Determination v. Sovereignty in the Case of De Facto States

Abstract

On 17 February 2008, Kosovo declared its independence from Serbia. Soon thereafter, the United States, as well as a host of European Union Member States formally recognized Kosovo. The recognition of Kosovo’s independence by a majority of Western Powers has sparked renewed hopes of independence for a number of de facto States. Yet, the countries that have recognized Kosovo’s independence argue that it is a ‘unique’ case. But is Kosovo really a one-off? De facto States too, either implicitly or explicitly, claim a right to self-determination that includes secession as a remedy. So why is it then that the people of Kosovo have been able to attain independent statehood, whereas the people of Abkhazia, South Ossetia, Nagorno-Karabakh, or Transnistria have not? Our contribution will explore this question by looking at how this divergent practice has reshaped the contours of the modern-day right to self-determination and, thereby, it will also extrapolate the current criteria that a people must meet in order to obtain independence.