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The contemporary practice of state recognition: Kosovo, South Ossetia, Abkhazia, and their aftermath

Published online by Cambridge University Press:  20 November 2018

Mikulas Fabry
Mikulas Fabry*
Affiliation:
Sam Nunn School of International Affairs, Georgia Institute of Technology, Atlanta, Georgia, USA
*
∗Email: mfabry@gatech.edu
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Abstract

This paper assesses state recognition, the practice historically employed to regulate membership in international society, since the United States–led recognition of Kosovo and the Russian-led recognition of South Ossetia and Abkhazia. Its main goal is to succinctly examine the question of whether these two controversial episodes have signaled change in the existing norms of recognition of new states. The paper argues that there is not enough evidence for the claims of some observers and governments that unilateral secession is, as such, becoming legitimate internationally. The leading recognizing powers took great care in all three cases to reject the applicability of their decision to other situations of unilateral secession, and they have since approached those other situations as if no acknowledgment of the three territories had taken place. Nevertheless, there can be little doubt that the deeply contested nature of these cases has introduced confusion and uncertainty into the practice and that this has had, and will have, important implications elsewhere in the world, in terms of both re-invigorated claims of statehood and the potential for unilateral recognition decisions by powerful outsiders. In fact, it is extremely unlikely that Russia's recognition of South Ossetia and Abkhazia in August 2008 would have ever occurred without the prior US-led recognition of Kosovo in February 2008.

Keywords

state recognitioninternational legitimacyunilateral secessioninternational normsprecedent
Type
Special Section
Information
Nationalities Papers , Volume 40 , Issue 5 , September 2012 , pp. 661 - 676
Copyright
Copyright © 2012 Association for the Study of Nationalities 

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References

Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. Advisory Opinion, International Court of Justice, 22 July 2010. Web. 4 June 2012.Google Scholar
Anstis, Sebastian C. St. J., and Zacher, Mark. “The Normative Bases of the Global Territorial Order.” Diplomacy & Statecraft 21 (2010): 306–323. Print.Google Scholar
“Armenia's Statement in the Discussion preceding the Adoption of UN General Assembly Resolution A/62/243.” UN Document A/62/PV. 86, 14 Mar. 2008. Web. 4 June 2012.Google Scholar
Ascherson, Neal. “A Chance to Join the World.” London Review of Books, 30.23 (4 Dec. 2008): 3–8. Web. 4 June 2012.Google Scholar
Asmus, Ronald D. A Little War That Shook the World: Georgia, Russia, and the Future of the West. New York: Palgrave, 2010. Print.Google Scholar
Bahcheli, T., et. al. De Facto States: The Quest for Sovereignty. London: Routledge, 2004. Print.Google Scholar
Bryza, Matthew. “Speech and Remarks of the US Co-Chair of the Minsk Group.” Tsakhkadzor, Armenia, 7 Aug. 2009. Web. 4 June 2012.Google Scholar
“Bucharest Summit Declaration Issued by the Heads of State and Government.” The North Atlantic Council, 3 Apr. 2008. Web. 4 June 2012.Google Scholar
Bull, Hedley. “The State's Positive Role in World Affairs.” Hedley Bull on International Society. Ed. Alderson, Kai and Hurrell, Andrew. London: Macmillan, 2000. Print.Google Scholar
Bush, George W. “President Bush Condemns Actions Taken by Russian President in Regards to Georgia.” Office of the Press Secretary, White House, 26 Aug. 2008. Web. 4 June 2012.Google Scholar
Caspersen, Nina, and Stansfield, Gareth. Unrecognized States in the International System. London: Routledge, 2010. Print.Google Scholar
Cassese, Antonio. Self-Determination of Peoples: A Legal Reappraisal. Cambridge: Cambridge UP, 1995. Print.Google Scholar
“Chicago Summit Declaration Issued by the Heads of State and Government.” The North Atlantic Council, 20 May 2012. Web. 4 June 2012.Google Scholar
Diker, Dan. “The Palestinians’ Unilateral ‘Kosovo Strategy': Implications for the PA and Israel.” Jerusalem Viewpoints 575 (Jan.-Feb. 2010). Web. 4 June 2012.Google Scholar
Dubinsky, Gregory. “The Exceptions that Disprove the Rule? The Impact of Abkhazia and South Ossetia on Exceptions to the Sovereignty Principle.” Yale Journal of International Law 34 (2009): 241–247. Print.Google Scholar
Fabry, Mikulas. Recognizing States: International Society and the Establishment of New States since 1776. Oxford: Oxford UP, 2010. Print.Google Scholar
Fawn, Rick. “The Kosovo — and Montenegro — Effect.” International Affairs 84.2 (2008): 269–94. Print.Google Scholar
Geldenhuys, Deon. Contested States in World Politics. Basingstoke: Palgrave, 2009. Print.Google Scholar
Gow, James. “Kosovo — The Final Frontier? From Transitional Administration to Transitional Statehood.” Journal of Intervention and Statebuilding 3.2 (2009): 239–57.Google Scholar
Hannum, Hurst. “Rethinking Self-Determination.” Virginia Journal of International Law 34.1 (Fall 1993): 1–70.Google Scholar
Independent International Fact-Finding Mission of the Conflict in Georgia Report, Sep. 2009. Web. 4 June 2012.Google Scholar
“Joint Statement by the United States and the Republic of Moldova.” 22 Jan. 2010. Web. 4 June 2012.Google Scholar
“Joint Statement on the Nagorno-Karabakh Conflict by US President Obama, Russian President Medvedev, and French President Sarkozy.” 10 July 2009. Web. 4 June 2012.Google Scholar
“Joint Statement on the Nagorno-Karabakh Conflict by US President Obama, Russian President Medvedev, and French President Sarkozy.” 26 June 2010. Web. 4 June 2012.Google Scholar
Ker-Lindsay, James. Kosovo: The Path to Contested Statehood in the Balkans. London: LB. Taurus, 2009. Print.Google Scholar
Kuperman, Alan J. “Averting the Third Kosovo War.” The American Interest 3.3 (Jan.-Feb. 2008): 52–58. Print.Google Scholar
Lavrov, Sergey. “Transcript of Remarks at an Enlarged Meeting of the Federation Council International Affairs Committee.” Moscow, 18 Sep. 2008. Web. 4 June 2012.Google Scholar
Lavrov, Sergey. “Transcript of Remarks and Response to Media Questions at Press Conference following Talks with Republic of Moldova Leaders.” Chisinau, 24 Feb. 2009. Web. 4 June 2012.Google Scholar
“Lisbon Summit Declaration Issued by the Heads of State and Government.” The North Atlantic Council, 20 Nov. 2010. Web. 4 June 2012.Google Scholar
Lynch, Dov L. Engaging Eurasia's Separatist States: Unresolved Conflicts and De Facto States. Washington, DC: USIP, 2004. Print.Google Scholar
Medvedev, Dmitry. “Interview with BBC Television.” 26 Aug., 2008. Web. 4 June 2012.Google Scholar
Medvedev, Dmitry. “Interview with CNN.” 26 Aug., 2008. Web. 4 June 2012.Google Scholar
Medvedev, Dmitry. “Interview with TV Channel Russia Today.” 26 Aug., 2008. Web. 4 June 2012.Google Scholar
Medvedev, Dmitry. “Why I Had to Recognize Georgia's Breakaway Regions.” Financial Times, 26 Aug., 2008. Web. 4 June 2012.Google Scholar
Nardin, Terry. “International Ethics and International Law.” Review of International Studies 18.1 (1992): 19–30. Print.Google Scholar
Pegg, Scott. International Society and the De Facto State. Aldershot: Ashgate, 1998. Print.Google Scholar
Perritt, Henry H. Jr. The Road to Independence for Kosovo: A Chronicle of the Ahtisaari Plan. Cambridge: Cambridge UP, 2010. Print.Google Scholar
“Presidency Conclusions.” Council of the European Union, 14 Dec. 2007. Web. 4 June 2012.Google Scholar
“Presidency Conclusions.” Council of the European Union, 1 Sep. 2008. Web. 4 June 2012.Google Scholar
“Press Release.” Office of the High Representative and EU Special Representative 22 Feb. 2008. Web. 4 June 2012.Google Scholar
Putin, Vladimir. “Excerpts from Transcript of Meeting with the Government Cabinet.” 30 Jan. 2006. Web. 4 June 2012.Google Scholar
Putin, Vladimir. “Interview with Newspaper Journalists from G8 Member Countries.” 4 June 2007. Web. 4 June 2012.Google Scholar
Quane, Helen. “Self-Determination and Minority Protection after Kosovo.” Kosovo: A Precedent? Ed. Summers, James. Leiden: Martinus Nijhoff, 2011. 181–212. Print.Google Scholar
“Report of the Special Envoy of the Secretary-General on Kosovo's Future Status.” UN Document S/2007/168, 26 Mar. 2007. Web. 4 June 2012.Google Scholar
Rice, Condoleezza. “U.S. Recognizes Kosovo as Independent State.” US Department of State, 18 Feb. 2008. Web. 4 June 2012.Google Scholar
Shaw, Malcolm. “The Heritage of States: The Principle of Uti Possidetis Juris Today.” British Year Book of International Law 1996. Oxford: Clarendon, 1997. Print.Google Scholar
“Statement by the Ministry of Foreign Affairs of the Russian Federation.” 26 Aug. 2008. Web. 4 June 2012.Google Scholar
“Statement of the Special Representative of the OSCE Chairperson-in-Office for Protracted Conflicts.” 27 Feb. 2009. Web. 4 June 2012.Google Scholar
Trifunovska, Snezana, ed. Yugoslavia through Documents: From Its Creation to Its Dissolution. Dordrecht, NL: Martinus Nijhoff, 1994. Print.Google Scholar
“US Statement on Behalf of the Co-Chairs of the Minsk Group in the Discussion Preceding the Adoption of UN General Assembly Resolution A/62/243.” UN Document A/62/PV. 86, 14 Mar. 2008. Web. 4 June 2012.Google Scholar
Warbrick, Colin. “States and Recognition in International Law.” International Law. 2nd ed. Ed. Evans, Malcolm D. Oxford: Oxford UP, 2006. 217–275.Google Scholar
Print. Weller, Marc. Contested Statehood: Kosovo's Struggle for Independence. Oxford: Oxford UP, 2009. Print.Google Scholar
Wolff, Alejandro. “Remarks on the Situation in Georgia in the Security Council.” 28 Aug. 2008. Web. 4 June 2012.Google Scholar
Yannis, Alexandros. “The Politics and Geopolitics of the Status of Kosovo: The Circle is Never Round.” Southeast European and Black Sea Studies 9:1–2 (2009): 161–170. Print.Google Scholar