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Contested Statehood: Kosovo's Struggle for Independence

Contested Statehood Kosovo's Struggle for Independence

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199566167
  • Published In: March 2009
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • First comprehensive review of the entire Kosovo episode and its impact on international law.
  • Detailed analysis of the individual phases of internationalized conflict management.
  • Draws out the underlying, structural tensions of the international system made manifest by the Kosovo episode.

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.

Readership: Students and academics in the field of international law; governmental, IO and academic international lawyers; academics and students of contemporary European history; international relations students and academics.

1: Introduction
2: Background to the Crisis
3: Initial Settlement Attempts
4: Dealing with Human Rights Violations
5: The Developing Humanitarian Emergency
6: The Outbreak of Violence and the Hill Negotiations
7: The Holbrooke Agreement and the OSCE Verification Mission
8: The Rambouillet Conference
9: The Initiation of the NATO Aerial Campaign and the International Response
10: The Conduct and Termination of Hostilities
11: International Administration and Moves Towards Final Status
12: The Vienna Final Status Negotiations
13: Further Negotiations and Unilateral Independence
14: The Drafting of the Kosovo Constitution and Special Provision for Minorities in Kosovo
15: Conclusion

Marc Weller, Reader in International Law and International Relations at the University of Cambridge, and Director of the European Centre for Minority Issues

"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

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