RT info:eu-repo/semantics/bachelorThesis
T1 El reconcimiento de estados: el caso de Kosovo.
A1 Trujillo Torres, Diego
A2 Grado En Derecho
K1 Reconocimiento de Estados
K1 Kosovo
K1 Integridad territorial
K1 Libre determinación de los pueblos
K1 Estado
AB This paper studies the recognition of States, applying the theory to the case of Kosovo,a Serb territory with an Albanian majority, which their differences have generatedseveral conflicts.First, this paper studies what a State is from the perspective of International Law andwhat its own characteristics are. The State is a matter of fact, that is, it exists regardlessof what other States say. If all the requirements are met -the population, the territory,and the political organization-, then it will become a State.Next, the theory of State recognition has developed a lot. It is understood that it is adiscretionary, free and political act. But it has several prohibitions and limits that Statesmust not transgress. Also, there is not a single way to recognize new States. Although itis generally the individual act of a State which recognizes another.Having seen all the theory, we must apply it to the case of Kosovo. In the year 1999, awar breaks out between Serbia and Kosovo, who wanted the independence from Serbia.After, the United Nations entrusts a Mission to govern the area to stabilize it and ensureits security. Later, with the help of Western countries, this country became independentin 2008.Several States recognize it, although others do not. The legal arguments considered byboth parties involve notions as controversial as territorial integrity or the right to selfdetermination. These arguments must be examined in detail to determine their validityor not, according to internationalist doctrine.The International Court of Justice, at the request of the United Nations GeneralAssembly, issued an Opinion in 2011, in which it concluded that the Declaration ofIndependence is not illegal. This Opinion has been exposed to a lot of criticism ofbeing arbitrary and politically motivated. But it has been a crucial document for thedoctrine.
YR 2022
FD 2022
LK http://riull.ull.es/xmlui/handle/915/29353
UL http://riull.ull.es/xmlui/handle/915/29353
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 11-may-2024