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IV. Constitutional Self-Determination

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Chapter Summary

The crucial difference between colonial and constitutional selfdetermination lies in the fact that in case of the former, the right to secession is based directly in international law. The constitution of a state is taken to be a manifestation of the sovereign will of the state population. International law now appears to take note of these features of domestic constitutional law and gives effect to them. Under the Milosevic regime, Serbia had gained ascendancy within the Yugoslav federation during the second half of the 1990s. Kosovo's declaration of independence, and its initially peaceful campaign for international acknowledgement, was internationally ignored. In the end, NATO felt constrained to mount a massive armed intervention on the European continent in order to address the Kosovo crisis when it finally spun out of control in 1999.

Keywords: constitutional selfdetermination; international law; Kosovo; NATO; Serbia; Yugoslav federation

10.1163/ej.9789004174887.1-224.16
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