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The Kosovo Precedent – Directly Applicable to Abkhazia and South Ossetia

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Abstract:

The declaration of independence of the Republic of Kosovo on 17 February 2008 led to different reactions in the international community. The United States of America was first to do so among the current 53 states that recognise Kosovo, while the Russian Federation and of course Serbia remain in strong opposition. Whether one supports the independence of Kosovo or not, it is undoubted that the declaration of independence had an impact on the Caucasus. What is also clear is that both the United States of America and the Russian Federation have a selective approach towards the recognition of states. While the USA recognises Kosovo and considers Abkhazia and South Ossetia as being part of the Georgian territory, Russia holds it the other way round. I will argue that the independence of Kosovo, as well as the independence of Abkhazia and South Ossetia, are both as legitimate or illegitimate since all three entities had a certain degree of autonomy during the Soviet era. In all three entities the titular nation makes up a majority of the population, although the Kosovo Albanians in Kosovo surpass the Ossetians in South Ossetia and especially the Abkhazians in Abkhazia by far.[1] Furthermore, Kosovo as well as South Ossetia and Abkhazia had a de-facto regime since the beginning of the 1990s. Territory, nation and government mark the three elements of Georg Jellineks theory of a state. In conclusion I will argue that the United States and the Russian Federation should give up their selective approach and agree on a common position, otherwise the Kosovo precedent will not only have an impact on the conflicts in the Caucasus but also for many other frozen conflicts in the region and the world.

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