The IGPS initiates today a new discussion on “Kosovo and International Law” by posting three brief contributions sent by J. d’Aspremont, O. Corten and M. Kohen.
In the first of these contributions, Dr. J. d’Aspremont, lecturer in Public International Law at the University of Leiden, explains that international legal scholarship has been unable to provide policy-makers with a uniform position on the legal problems fuelled by the independence of Kosovo. He argues that the recognition of Kosovo following its declaration of independence does not constitute an international wrongful act and he discusses the practice that preceded or ensued the declaration of independence adopted by the government of Kosovo on 17 February 2008.
In the second of these contributions, already published in the newspaper “Le Soir” on February 20, 2008, Pr. O. Corten, Professor of International Law at the Free University of Brussels, argues on the contrary that the “premature” recognition of Kosovo is a violation of International Law and discusses, among other things, the relevance of the UN Security Council Resolution 1244 (1999).
In the third contribution, already published in Le temps (Geneva) on February 18, 2008, Pr. M. Kohen argues that the independance and the recognition are illegal, and suggests a “Hong Kong solution”.
The Interest Group on Peace and Security welcomes reactions and comments by legal scholars.
