The Right Of External Self-Determination And The Validity Of Kosovar Unilateral Declaration Of Independence

Abstract

On 17th February 2008, the Republic of Kosovo unilaterally declared its independence from Serbia. This sparked the debate on whether the right of external selfdetermination can be invoked as a justification for Kosovar independence. Many scholars maintain that the right of external selfdetermination applies exclusively only to people under colonial domination and as a result cannot be granted to the people of Kosovo since it is outside the context of decolonization. On the other hand, many scholars argue that it can be extended to people subjected to continuous persecution. As the debate continues, conflicts related to the claim of the right of external selfdetermination lingers. Thus, it is the purpose of this paper to assess objectively the question on whether the right of external selfdetermination can be applied outside the setting of colonization, and consequently whether it can be applied to the Kosovar case.