A new book by doctor of philosophy on law Saadar Yusifova on the unilateral declaration of independence in Kosovo and legal implications of this event will be released soon.

The book is entitled “Unilateral declaration of independence of Kosovo or about future of international law”.

Considering the fact that the UN International Court is going to make a consultative conclusion about the compliance of the unilateral declaration of independence by the Temporary Institutes of Self-Government of Kosovo on July 22, the topic is urgent today.

Kosovo declared independence on 17 February 2008. The book says that the unilateral declaration of independence caused an unambiguous reaction of the international community. The support of the declaration by the majority of western countries has caused serious concerns in most countries that suffer from continuing separatist movements.

International actors continue discussing arguable actions of Kosovo. Most experts state that Kosovo will have “a demonstrative effect”. This “recognition” will set a dangerous precedent for other secessionist movements and may cause global instability. Meanwhile, some experts state that specific circumstances and history between Kosovo and Serbia are the unique set of facts that is sui generis which differ it from other separatist movements. However, the recent events in the Caucasus have demonstrated that these fears are far from irrational.

The study of theory and practice in the sphere of secession, territorial integrity, statehood and state recognition and their application in the declaration of independence of Kosovo allow answering the question whether the declaration of independence of Kosovo was a legal act under the international. Thus, considering the moral threat of the unilateral secession of Kosovo and its recognition by 65 countries, Serbia has sent a request about the Consultative Conclusion to the International Court of UN via the UN General Assembly raising the issue of “whether the unilateral declaration of independence by the Temporary Institutes of Self-government of Kosovo meets the norms of international law”.

There is a great possibility that to avoid crisis of influence of the Court, the international judges will respond in line with existing international law, though giving a vague answer to leave a wide space for “influential commentators” in the face of superpowers and opinion juris.

The Consultative Conclusion of the International Court will inevitably influence the development of international norms, such as the right for self-determination and its interaction with the principle of territorial integrity, as well as institute of recognition.

In addition, the moral threat of unilateral secession causes the search of alternative solutions which would reconcile the principles of self-determination and territorial integrity.

Being a division line in the contemporary history of international relations, precedents of Kosovo and South Ossetia determine the future contours of not only post-Yalta system of international reforms. They also define the due reforms of international law aimed at establishing the neo-Westfall system of international peace on the multipolar basis.

News.Az