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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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The Unilateral Secession of Kosovo as a Precedent in International Law

The Unilateral Secession of Kosovo as a Precedent in International Law

Chapter:
(p.877) The Unilateral Secession of Kosovo as a Precedent in International Law
Source:
From Bilateralism to Community Interest
Author(s):

Thomas Fleiner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0055

This chapter takes the Kosovo case as an occasion to discuss in principle possible far-reaching effects of the ongoing narrative about the precedence argument upon internationally guaranteed fundamental human rights. It concludes that with the secession decided without any referendum, Kosovo Provisional Authorities have violated vital interests and fundamental human rights of the minority communities in Kosovo in general and the Serb community in particular. Minorities could not participate in decision-making concerning one of the most important issues of public affairs (foundation of a new State), which directly affects their existence. They were even deprived of their universally guaranteed fundamental right of access to justice.

Keywords:   human rights, international law, secession, minorities, Kosovo

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