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Chapter Summary

Peace-building often takes place in a complex legal environment characterised by transitory constitutional regimes and peace agreements. In the present context, the legal basis for the EU's peace-building activities is problematic in particular in Kosovo due to the territory's unclear status under international law. The chapter is complemented by an inquiry into whether the European Union (EU) perhaps could have received a peace-building mandate directly from the UNSC. The case of Kosovo is more complex. At the moment of the declaration of independence, the ultimate source of sovereign power in the territory was determined, formally at least, by international law. The absence of a binding decision by the UNSC with respect to the final status of Kosovo1164 makes it prima facie difficult to consider Kosovo a sovereign state. EU peace-building in Afghanistan by no means reaches the same level of difficulty in terms of its legal basis.

Keywords: Afghanistan; European Union (EU) peace-building; international law; Kosovo; sovereign state

10.1163/9789004265714_009
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