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Kosovo's final status
Authors:MARC WELLER
Institution:1. Reader in International Law and Relations at the University of Cambridge, Fellow of Hughes Hall College, Cambridge and of the Lauterpacht Research Centre for International Law, Cambridge. He is also Director of the European Centre for Minority Issues in Flensburg, Germany.;2. The views expressed in this article are the author's alone and are not attributable to any government or institution. The article is based in part on a more extensive presentation to be published as a book later this year.
Abstract:The Ahtisaari comprehensive proposal for a settlement of the status of Kosovo met with deadlock in the UN Security Council. It would neither be endorsed nor imposed upon the parties. In view of that position, a new round of negotiations, conducted by the EU, Russia and the US, was launched over a period of 120 days. During these discussions, Serbia's President Boris Tadic revealed a significant measure of flexibility when putting forwards options for wide‐ranging self‐government for Kosovo. However, these forward‐looking positions were undermined by a less advanced proposal emanating from other parts of the Belgrade government, including the Prime Minister. Moreover, the Serbian parliament sought to preempt developments by unilaterally adopting its own constitutional amendments relating to Kosovo, further undermining the credibility of Serbia's position at the international level. However, it could be argued that had Belgrade been willing to begin the previous round of negotiations let by Martti Ahtisaari with the advanced offers it was putting at the very end of the process, a different outcome might have resulted. Such action might have put pressure on western governments to impose an advanced autonomy settlement on Kosovo, rather than putting Belgrade under pressure to accept the Ahtisaari plan. In the end, Kosovo's independence was unilateral in two senses. On the one hand, Kosovo declared independence without the benefit of agreement from Belgrade or cover from the UN Security Council. On the other hand, Kosovo unilaterally accepted the provisions emanating from the Ahtisaari talks. These concessions had been made in the expectation that agreed independence would be forthcoming in return. Belgrade was therefore able to oppose independence and work against its consolidation, while profiting from Kosovo's agreement to the plan it had rejected.
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