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Institution Building in Post-Conflict Areas: The Quest for Legitimate Institutions in Kosovo
Semenov, Andrej ; Salamon, Janusz (advisor) ; Đorđević, Vladimir (referee) ; Jovanović, Srđan Mladenov (referee)
The pivotal argument of this thesis is that, due to specific circumstances, Kosovo operates as an EU protectorate. Firstly, the political status of Kosovo deeply divides the UN members, including the major powers, which makes unilateral decisions ineffective. This implies that neither side can achieve maximalist demands, and thus further negotiations are required. Secondly, both representatives of Kosovo and Serbia expressed hope that their future is in the EU. Both sides are ready to compromise their legal and/or political status and welcome a solution under the formula: Kosovo to be independent of Serbia even if it means that Kosovo is not a sovereign state; and, Serbia not to recognise Kosovo, even if it means that Serbia loses authority over the region. Thirdly, the great powers, led by the USA and Russia, decided that the conflict and the political status of Kosovo should be facilitated by the EU. This decision, accompanied by the ICJ decision that Kosovo's solution should be sought through the EU political channels, gives the EU role of a moral agent. Finally, while the EU protects Kosovo in international affairs, it also requires from Serbia to recognise Kosovo's institutions and local autonomy.
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Kosovo: Sovereign, Unrecognized or Failed State?
Semenov, Andrej ; Riegl, Martin (advisor) ; Landovský, Jakub (referee)
Did Kosovo have right to secede? What was the cause of conflict in Kosovo? How important is Kosovo for international community? This thesis addresses these issues as it seeks, above all, to answer the question - Is Kosovo a sovereign, unrecognized, or failed state? To do so, the chapter I explores critically the definitions of sovereign, unrecognized, and failed states. The chapter I argues that Kosovo does not have full control over the territory it claims, but with help of the international offices this problem has been overcome. On the other hand, the main obstacle to international recognition and full sovereignty is Serbia (parent state), claiming that Kosovo is part of its territory. Therefore, the theories of secession are analyzed in-depth in order to answer whether Kosovo can obtain the missing part of sovereignty without a parent state. The main argument for Kosovo's secession is extensive violence in 1990's, therefore chapter II scrutinizes the history of political violence in Kosovo, showing that Kosovo's secession has its roots in creation of Greater Albania and alleged violation of human rights can be only the trigger but not the cause of the secession. Chapter III assesses the debate of Serbia's sovereignty/integrity versus Kosovo's right to self-determination. This chapter at first...
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