Re-Examining Sovereignty Claims in Changing Territorialities: Reflections from ‘Kosovo Syndrome’
2009; Taylor & Francis; Volume: 14; Issue: 2 Linguagem: Inglês
10.1080/14650040802693473
ISSN1557-3028
Autores Tópico(s)European and International Law Studies
ResumoCurrent legal and normative doctrine forbids de jure recognition to those territorial units whose political leadership has been resisted by metropolitan central authorities. Recognition on the basis of uti possidetis juris makes the self-determination of people a territorial issue. This paper presents a framework for conceptualising and analysing the impact of 'indivisible sovereignty' and territoriality dilemmas on self-determination claims, resonating most strongly in the recent Kosovo campaign for independence. It then re-examines seceding motivations and birth-giving processes in Northern Cyprus, Transnistria and Republika Srpska, all which could be defined as self-proclaimed post-conflict entities deemed to gain international recognition. Finally, the paper illustrates the impact of 'Kosovo syndrome' on the preservation of status quo while concluding that the immediate reactions to Kosovo independence diverged from case to case to the extent where Turkish Cypriots found new stimulus for reunification, Transnistrians advocated a new model of conflict resolution and Bosnian Serbs increased their bargaining power.
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