KOSOVO ON ITS WAY TO SOVEREIGNTY: TO THE HISTORY OF THE QUESTION

Abstract

The paper provides a historical retrospective of the transformations which led Kosovo from being one of the historical regions in the north-west of the Balkan Peninsular to becoming an autonomous political entity within Yugoslavia and, finally, to obtaining its own statehood. The paper further discusses the international reaction to Kosovo‘s unilateral declaration of independence in 2008, revealing the two main principles of international law applicable to the Kosovo question: sovereignty and peoples‘ right to self-determination. A special focus is put on the ruling of the International Court of Justice regarding the 2008 Kosovo declaration of independence. It is demonstrated that such decision considers Kosovo‘s declaration to be a fact by no means setting a precedent and that this decision does not involve the two international law principles mentioned above. However, the reaction of international actors to this ruling shows that the wide recognition of Kosovo‘s statehood is actually considered as precedent-setting. The result of the Kosovo case is destruction of the universal character of sovereignty as a principle of international law, which will inevitably lead to growing chaos in the international relations.