Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Kosovo: Boundaries and the Liberal Dilemma

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Nordic Journal of International Law

A common position adopted by international lawyers on State borders is that they should be changed as little as possible, as allowing too much scope for changes to borders risks opening up a Pandora's box of unending claims. The liberal position on international boundaries posits that the location of a State's external boundaries matters little anyway, as the liberal State can function within any borders. The article attempts to provide a critique of these positions, and argues that another approach to borders, and particularly to boundaries at the dissolution of States, is needed. The liberal assumption does not adequately respond to boundary changes in non-liberal States. Differences between borders, and the importance attached to these differences in different contexts, have attracted little attention by international lawyers. Because the same solution often tends to lead to different results in different contexts, attempting to apply Public International Law rules, such as a modern version of uti possidetis, to boundaries in all cases of State dissolutions and new State formations, forms not only an insuf ficient response, but might in fact risk contravening obligations under the UN Charter to maintain international peace and security. The con flicts over the republican boundaries of the Socialist Federal Republic of Yugoslavia (SFRY) in the early 1990s exemplify that an automatic conversion of federal boundaries into international ones risks undermining long-term peaceful solutions. The final status of Kosovo, and the issue of its borders, remains a challenge for the international community. In light of the recent tensions in Kosovo existing territorial and political assumptions need to be reexamined, in order that the solution adopted for the territory accord with international obligations set out under the UN Charter.

Loading

Full text loading...

/content/journals/10.1163/1571810043083342
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/1571810043083342
Loading

Article metrics loading...

/content/journals/10.1163/1571810043083342
2004-12-01
2016-12-05

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Nordic Journal of International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation