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Contested Statehood: Kosovo's Struggle for Independence [Kõva köide]

(, Reader in International Law and International Relations at the University of Cambridge, and Director of the European Centre for Minority Issues)
  • Formaat: Hardback, 352 pages, kõrgus x laius x paksus: 241x163x25 mm, kaal: 676 g
  • Ilmumisaeg: 12-Mar-2009
  • Kirjastus: Oxford University Press
  • ISBN-10: 019956616X
  • ISBN-13: 9780199566167
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    • Oxford Scholarship Online e-raamatud
  • Formaat: Hardback, 352 pages, kõrgus x laius x paksus: 241x163x25 mm, kaal: 676 g
  • Ilmumisaeg: 12-Mar-2009
  • Kirjastus: Oxford University Press
  • ISBN-10: 019956616X
  • ISBN-13: 9780199566167
This book offers the first critical analysis of the international attempts to settle the Kosovo crisis from its inception to Kosovo's declaration of independence. The author participated in most of these settlement attempts, including the Carrington Conference on the former Yugoslavia and the Rambouillet and Ahtisaari negotiations. On this basis, the book provides first hand insights into the failure of high-level international diplomacy in dealing with one of the most explosive crises to hit the European continent since 1945.
The introductory chapters offer a brief account of the background to the crisis, identifying the structural tensions in the modern international system that made it so difficult for the organized international community to address the episode effectively. The book addresses the initial settlement attempts, from the London Peace Conference on Yugoslavia of 1991 to the Geneva negotiations and the impact of the Dayton peace conference on the situation in Kosovo.
The second part of the book considers the first attempt of addressing the Kosovo crisis on its own terms, initially through the shuttle diplomacy of US Ambassador Chris Hill over the summer of 1998. The Holbrooke agreement, obtained under the threat of NATO air strikes and providing for a cease-fire is then considered, along with further attempts to obtain a political settlement during this purported breathing space. The book then turns to the extraordinary episode of the Rambouillet Peace Conference and the subsequent use of force against the rump Yugoslavia.
The final part of the book addresses the attempts to prepare for final status during the UN administration of Kosovo. The initial constitutional framework for Kosovo is discussed, along with the abortive 'standards before status' policy. This is followed by a detailed analysis of the Vienna negotiations on final status, and the subsequent tug of war at the United Nations about Security Council endorsement of the result. The book concludes with an analysis of the comprehensive proposal for a settlement proposed by UN envoy Martti Ahtisaari and its eventual recasting into the constitution of Kosovo upon unilateral independence.
This book ties together several strands of analysis, including the tension between state sovereignty and humanitarian concerns, the problem of squaring the doctrine of territorial unity with the principle of self-determination, the reluctance of international actors to involve themselves in internal conflicts, in particular where secessionist conflicts are concerned, and the role of the threat or use of force in the context of coercive international diplomacy.

Arvustused

Weller's volume benefits very much from its author's close and long-term involvement on the Kosovo Albanian side in several sets of negotiations on Kosovo * Stefan Wolff, University of Birmingham, International Affairs 86:4 * It is difficult to do justice to such a multi-layered work, packed with historical information and interpretation, in a short review. Suffice to say that it is a timely contribution to the revitalised subject of statehood, to which Kosovo will prove to be of seminal importance. The detailed analysis of the diplomatic tools and modes applied over a period of two decades and the succinct interpretation of seemingly contradictory international law principles ensure that the book will be of importance to international lawyers, diplomats and academics. * Andre Stemmet, Senior State Law Advisor, South African Dept. of International Relations and Co-operation, Netherlands International Law Review,3 * The book is extremely well structured and engagingly written, and Weller deftly manages a vast amount of material in relation to an extremely contested chapter of modern history. * Thérèse O'Donnell, University of Strathclyde *

Table of Cases
xvii
Table of International Instruments and Domestic Legislation
xix
List of Abbreviations
xxi
Chronology xxiii
Introduction
1(24)
The Meaning of the Kosovo Episode
1(5)
A return to the 19th century
1(1)
An emerging international constitutional order
2(1)
Fragmentation and chaos
3(3)
The Concept of the State
6(2)
Governance
8(4)
Human and Minority Rights
12(2)
Forcible Humanitarian Action
14(2)
The Issue of Secession
16(4)
Competences and Hierarchies among International Actors
20(3)
The Issue of Consent
23(2)
Background to the Crisis
25(16)
Distant History with Modern Consequences
25(3)
Modern Developments
28(3)
Constitutional Developments up to 1990
31(4)
The Purported Removal of Kosovo's Federal Status
35(4)
The Response in Kosovo
39(1)
Conclusion
40(1)
Initial Settlement Attempts
41(14)
The Carrington Plan and the London Conference
41(8)
The Special Group
49(2)
CSCE Monitoring
51(3)
Conclusion
54(1)
Dealing with Human Rights Violations
55(11)
Standards and International Interest
55(4)
Access
59(1)
Substantive Findings
60(4)
Conclusion
64(2)
The Developing Humanitarian Emergency
66(10)
The Spread of Armed Conflict and the Humanitarian Consequences
67(1)
The Humanitarian Response
68(4)
UN and EC Sanctions
72(2)
Conclusion
74(2)
The Outbreak of Violence and the Hill Negotiations
76(19)
The Move Towards Military Confrontation
77(1)
Attempts to Isolate the Conflict
78(2)
Demands for Negotiation and the Kosovo Diplomatic Observer Mission
80(7)
The Hill Negotiations
87(6)
Conclusion
93(2)
The Holbrooke Agreement and the OSCE Verification Mission
95(12)
Preparatory Moves for the Use of Force
95(1)
The Holbrooke Mission
96(6)
The OSCE Verification Mission
102(3)
Conclusion
105(2)
The Rambouillet Conference
107(43)
The Summons to the Conference and the Renewed Threat of Force
107(12)
The impetus for the Rambouillet process
108(2)
The Contact Group and NATO decisions
110(1)
Justification for the threat of the use of force
111(1)
Absence of an express Security Council mandate to threaten or use force
111(2)
No express retroactive approval from the Security Council for regional action
113(1)
No implied enforcement authority for NATO
113(1)
Forcible humanitarian action
114(1)
Preventative humanitarian action
115(1)
Authoritative determination of an actual or imminent humanitarian emergency
116(1)
Appropriate, necessary, and proportionate action
117(1)
A political settlement as a humanitarian necessity?
118(1)
The Conference Process
119(17)
Enforced negotiations
119(2)
Structural inequality
121(1)
Procedure
122(1)
The initial phase of negotiations
123(5)
The second phase of negotiations: the draft of 18 February and proximity talks
128(8)
The Political Interim Settlement
136(7)
The issue of status and the basic distribution of powers
136(2)
The Kosovo institutions and their powers
138(2)
Human rights and additional rights of national communities
140(2)
Final status
142(1)
Implementation
143(3)
Confidence building
143(1)
NATO-led implementation and the withdrawal of forces
144(1)
Civilian implementation
145(1)
Conclusion
146(4)
The Initiation of the NATO Aerial Campaign and the International Response
150(15)
The Paris Conference
150(4)
The Initiation of Hostilities
154(1)
The International Response to the Use of Force
155(4)
Action in the International Court of Justice
159(2)
Commissions of Enquiry
161(2)
Conclusion
163(2)
The Conduct and Termination of Hostilities
165(14)
The Conduct of Hostilities
165(2)
The Indictment by the ICTY
167(8)
Moves towards a Settlement
175(3)
Conclusion
178(1)
International Administration and Moves Towards Final Status
179(12)
Interim Administration under Resolution 1244 (1999)
179(2)
The Constitutional Framework
181(4)
Standards Before Status
185(2)
The March Riots and the Eide Reports
187(2)
Conclusion
189(2)
The Vienna Final Status Negotiations
191(29)
Structural Factors Shaping Negotiations
191(5)
The Format of Discussions
196(2)
Basic Positions
198(4)
Content of the Negotiations
202(7)
Putting the Package Together
209(2)
Content of the Ahtisaari Comprehensive Proposal
211(6)
Status
212(2)
Basic construction of the polity
214(1)
Community rights
215(1)
International presence
215(1)
The recommendation of the Special Envoy
216(1)
Conclusion
217(3)
Further Negotiations and Unilateral Independence
220(20)
Further Negotiations
220(9)
Independence
229(8)
Conclusion
237(3)
The Drafting of the Kosovo Constitution and Special Provisions for Minorities in Kosovo
240(19)
Background to the Constitutional Drafting
240(4)
The Ahtisaari Comprehensive Proposal and Its Impact on the Constitution
244(1)
The Constitutional Drafting Process
245(4)
Basic Constitutional Structures
249(2)
Special Arrangements for the Protection of Communities
251(6)
Conclusion
257(2)
Conclusion
259(25)
Changing Perceptions of Sovereignty
260(1)
Issues of Governance
261(2)
Human Rights
263(3)
Forcible Humanitarian Action
266(1)
Self-Determination and Secession
267(10)
Hierarchies Among International Actors
277(3)
Conference Diplomacy and Consent
280(2)
Outlook
282(2)
Bibliography
284(31)
Appendices
United Nations Security Council Resolution S/RES/1244 (1999)
305(6)
Kosovo Declaration of Independence, 17 February 2008
311(4)
Index 315
Dr Marc Weller is a Reader in International Law and International Relations in the University of Cambridge, the Director of the European Centre for Minority Issues, a Fellow of Hughes Hall and a Fellow of the Lauterpacht Centre for International Law. He is also the Director of the Cambridge Carnegie Project on the Settlement of Self-determination Disputes. He has been active as a legal advisor in relation to most aspects of the Yugoslav conflict, and in many other international peace settlements. His most recent publications include Universal Minority Rights (Oxford University Press 2007), Twenty Years of Crisis: The Violent Dissolution of Yugoslavia in International Law (Oxford University Press, 2008), Settling Self-determination Disputes (Nijhoff 2008), Peace Lost (Nijhoff 2008) and The Future of International Law (Polity 2009).