Chris Borgen: Kosovo’s Status: The Intra-EU Debate, the Role of “Law Talk,” and Next Steps

[Email subscription to blog articles]

Posted by Chris Borgen:
Kosovo’s Status: The Intra-EU Debate, the Role of “Law Talk,” and Next Steps
http://www.opiniojuris.org/posts/1197483482.shtml


   The past few days has seen an intense internal EU debate over the
   stance the EU should take concerning [1]the status of Kosovo. It is
   interesting to see how talk about international law was deployed as a
   tool of statecraft. [2]As discussed in my last post, Russia has had a
   turn toward âlegalizationâ as it became clear that the political
   process was not going their way. Here Iâll look at the EU internal
   debate.
   Chinese news agency [3]Xinhua reports (emphasis added):

     Romanian Defense Minister Teodor Melescanu said [in Belgrade] on
     Tuesday that his country's parliament would not recognize the
     unilateral declaration of the independence of Kosovo.
     "A unilateral decision could have a very negative effect on the
     entire region and is not in keeping with international law,"
     Melescanu told a joint press conference with his Serbian
     counterpart Dragan Sutanovac.

   Romania has an interest in supporting Serbia: it has had good
   diplomatic relations with Serbia and, on top of that, Romania would
   not want to inadvertently support any claim for secession by the
   ethnic Hungarian population in Romanian Transylvania. For them, then,
   reference to international legal norms disfavoring secession has been
   [4]part of their diplomatic stance on Kosovo.
   Romania was not the only EU country with concerns. The Xinhua report
   continues:

     Commenting different views among the EU members on the future
     status of Kosovo, Melescanu said that Romania would try to have its
     stand prevail.
     The Daily Telegraph of London revealed on Tuesday that five EU
     countries shared Russia's reservations towards supporting the
     independence of Kosovo, fearing that would give rise to
     secessionist hopes of their minorities.
     Cyprus, Greece, Romania, Slovakia and Spain came under intense
     pressure to put aside their opposition in favor of a common EU
     position on Kosovo, the newspaper said, adding that Cyprus was the
     only one that has persisted in its stand.

   With the possible exception of Slovakia (I donât know what the
   domestic political situation is there in terms of secessionist
   issues), each of these countries is grappling with some type of
   secessionist issue in theor own domestic politics. So it is in each of
   their national interests to hold off on Kosovar independence,
   regardless as to whether or not international law would allow
   âexternalâ self-determination in that case. And, as the political
   process vis a vis Serbia and Russia is at a deadlock, âlaw talkâ
   becomes all the more attractive as a diplomatic tool. (However, I
   should note, I believe that an explicit reference to international
   legal norms earlier on would have had a positive effect in separating
   those who arguably have a good legal claim for sovereignty from those
   who do not.)
   However, [5]according to the Daily Telegraph, after internal
   diplomatic wrangling, the EU (but for Cyprus) is now essentially on
   the same page. I am curious as to what persuaded these countries.
   Perhaps it was simply an issue of consensus and the recognized
   importance of having a common EU stance on this. I doubt that a legal
   argument would overcome their domestic political imperative and sway
   these states (although I do think there is a real legal argument for
   Kosovar independence).
   In any case, now the question is what will Kosovar leaders, the EU,
   and the US do going forward? From the Daily Telegraph:

     "We will move to unity today," said Luis Amado, the Portuguese
     foreign minister, whose country holds the rotating EU presidency.
     In fact Cyprus, a divided island in search of its own diplomatic
     settlement for more than 30 years, remains opposed to independence
     for Kosovo. Erato Kozakou Markoullis, the Cypriot foreign minister,
     warned against the EU "breaking international law".
     Nonetheless, Kosovar Albanian leaders in Pristina, the province's
     capital, are sure to interpret the Brussels meeting as a signal of
     strong EU backing. They have promised to co-ordinate any
     declaration of independence with the EU and America.
     "From today, Kosovo is starting intense consultations with its
     international partners with the aim of co-ordinating steps for
     declaring independence," Skender Hyseni of the Kosovo Albanian
     negotiating team, said.

   One thing is clear, the stakes are high. Again, from the Daily
   Telegraph:

     As EU foreign ministers meeting in Brussels headed for "unity" in
     backing Kosovo's independence, Russia gave warning that such a move
     would spark "a chain reaction" of instability across the Balkans
     and beyond.
     "Those making such plans must think very carefully about the
     consequences," said Sergei Lavrov, the Russian foreign minister.
     David Miliband, the [UK] Foreign Secretary, said that the
     diplomatic war of words could eventually lead to real fighting.
     Asked if Nato's 16,000 troops in Kosovo would need reinforcements
     if the situation deteriorated, he replied: "The short answer is
     yes."

References

   1. http://www.opiniojuris.org/posts/1197235192.shtml
   2. http://www.opiniojuris.org/posts/1197410746.shtml
   3. http://news.xinhuanet.com/english/2007-12/12/content_7231934.htm
   4. http://news.serbianunity.net/2007/03/30/2019/
   5. http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/12/11/wkosovo111.xml