CIAO DATE: 12/05

Kosovo Indepencence - de Jure Versus de Facto

Abstract

This report will first describe the present status of Kosovo, and then review relevant considerations of its future status, on the one hand focussing on international law – the de jure status, and on the other hand focussing on sustainability – the de facto status. This approach of de jure versus de facto is primarily an analytical tool, chosen because it sheds light on a number of considerations relevant to the negotiation process that will determine the future status of Kosovo. Second, this approach reflects the fact that while the Kosovo Albanians want maximum self-determination, they realize that they are dependent on international assistance. In contrast, the Serbs believe that international legal considerations of a conservative or conservationist nature are essential, but they admit that they cannot take responsibility for Kosovo's security or economy. To put it briefly, the Albanians want independence de jure but not de facto, while the Serbs want independence de facto but not de jure.

The report then explains the international negotiations, its actors and substance, which will lead to the independence of Kosovo. Finally the report accounts for regional considerations and Kosovo's potential contribution to regional security.

Kosovo is already de facto independent from Serbia and the status negotiations are therefore centred on how to make this status permanent as it is the wish of the Kosovo Albanians. The red lines of the negotiations are drawn in the conclusions.

Full Text (PDF, 39 pages, 108.9 KB)