The development of international relations in the post-Cold War world was marked by the resurgence of ethnic passions and conflicts, which were followed by demands for self-determination. The past two decades were the age of secession - many ethnic groups have claimed the right to secede, and their independence results in the disruption of the unity of a state which they no longer regard as their sovereign. This study identifies the emerging trends in international law on secession, then compares them with the remedial right to secede in political theories, and in the end examines the elements of remedial right to secession in the case of Kosovo. In international law, only mandated, trust and non-self-governing territories and peoples under foreign domination are entitled to external self-determination, but the emerging trends allow remedial secession in cases where a territorially concentrated sub-state group is oppressed for a long period of time and is denied the participation in the government. Kosovo had two grounds for remedial secession: the denial of the right to representation and repression and human rights violations. The partition option should be considered - the recognition of an independent Kosovo by Serbia and the incorporation of the northern part of the province, mostly inhabited by Serbs, into Serbia. The Kosovo Serbs should be entitled to choose under which government they want to live – they are a territorially concentrated people that has been subjected to the reverse ethnic cleansing, and they do not participate in the Kosovo government. The conclusion is that problems created by Kosovo’s independence include not only issues related to Kosovo’s viability as a state and protection of non-Albanian minorities, but also the fact that Kosovo set a precedent for other secessionist groups around the world. Numerous ethnic groups threaten states around the globe, and they received encouragement from the case of Kosovo in disputing state boundaries which they consider unjust.
«The development of international relations in the post-Cold War world was marked by the resurgence of ethnic passions and conflicts, which were followed by demands for self-determination. The past two decades were the age of secession - many ethnic groups have claimed the right to secede, and their independence results in the disruption of the unity of a state which they no longer regard as their sovereign. This study identifies the emerging trends in international law on secession, then compare...
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