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Chinese Journal of International Law Advance Access originally published online on October 4, 2009
Chinese Journal of International Law 2009 8(3):573-587; doi:10.1093/chinesejil/jmp021
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© The Author 2009. Published by Oxford University Press. All rights reserved

AGORA: KOSOVO (PART 3)

The Relevance of the Right to Self-determination in the Kosovo Matter: In Partial Response to the Agora Papers

Cedric Ryngaert* and Christine Griffioen **

Correspondence: * Assistant Professor of International Law at the Faculty of Law, Institute for International Law, Leuven University, Tiensestraat 41, 3000 Leuven, Belgium, and at Utrecht University, The Netherlands, and BOF Fellow at Leuven University (email: cedric.ryngaert{at}law.kuleuven.be). This paper was completed on 12 August 2009.

In response to the first three articles that appeared in the Agora on Kosovo, this paper argues that there is a right of unilateral secession based on the right of external self-determination. According to the authors, the latter right is applicable outside a colonial context, in limited circumstances resembling the colonial paradigm. Modern customary international law provides the legal basis for a right of "remedial secession", an argument that is supported by relevant State and institutional practice. After having discussed the conditions of this right and its legal basis, the authors apply their findings to the Kosovo case, in order to answer the question whether the Kosovo Albanians had a right of unilateral secession under international law.

** Masters graduate in public international law, Utrecht University, The Netherlands.


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