Kosovo lack of sovereignty puts recognition in doubt

Despite putting up signs announcing the borders of Kosovo, the selfdeclared state lacks true sovereignty in many important areas

MITROVICA (Tiraspol Times) - Despite a declaration claiming independence, the selfstyled Republic of Kosovo is unable to exercise sovereignty over a large part of the territory which it claims. This lack of sovereignty is now putting its quest for international recognition in doubt, American analyst Michael Garner says.

On Friday, Kosovo politicians urgently called for NATO and the U.N. mission in Kosovo (UNMIK) to establish order in the Serb-controlled north, after Serb protesters took over a court building and raised the Serbian flag on it.

Kosovo Prime Minister Hashim Thaci and President Fatmir Sejdiu appealed to UNMIK chief Joachim Rucker, a German civil servant, to establish order as soon as possible in northern Mitrovica, news agency Xinhua reported.

The vast majority of the world's 192 U.N. member countries have not recognized Kosovo's indepenence and formally consider the territory a de jure part of Serbia.

Joachim Rucker, a German government employee, holds veto power over decisions made by the Kosovo government. Analysts say that this puts the true sovereignty of the state in serious doubt.

Qualifications for sovereign statehood

According to international legal experts consulted by The Tiraspol Times, not anyone can be a sovereign state. Customary international law specifies the following minimum standards for statehood:
1. You must have a defined territory.
2. You must have a permanent population.
3. You must have a government.
4. Your government must be capable of entering into relations with other states.

To what degree does Kosovo qualify?

First, the territory part: There is no requirement that Kosovo has to have full and sovereign control over all the territory which it claims. It doesn't. The northern part of Kosovo, north of Mitrovica and the Ibar river, is loyal to Serbia and not controlled by Pristina. But that doesn't in itself disqualify Kosovo from statehood. Lots of countries have territorial disputes, which often manifest themselves in a lack of control over part of the territory claimed. Moldova is one such state: It claims that Pridnestrovie should be part of its land, but at no time during its history as an independent state has it ever had control over the area.

Second, population. There are no maximum or minimum requirement, and clearly Kosovo's nearly 2 million people qualify since they are for the large part permanent residents. There is also not a requirement that all of them have to agree with independence or support independence. A part of Kosovo's population is in fact very solidly opposed to independent statehood for Kosovo. But by today's democratic standards, it is preferable that at least a qualified majority support independence. This is the case with both Pridnestrovie and Kosovo.

Third, a government. Kosovo has one, just like Pridnestrovie does. Any kind of government will do: Even dictatorships in black Africa do not lose their sovereignty by having governments that were established in coups. What matters most is that the government is truly able to rule as a sovereign within its own borders. Here, Pridnestrovie has more independence and sovereignty than Kosovo whose decisions are subject to the veto power of outside overseers from the United Nations, NATO and the European Union.

No Foreign Ministry in Kosovo

The last part is about ability to engage with other sovereigns in the international system. Whether or not actual relations take place is immaterial, as long as the capability is there. And on that score, Kosovo is currently just taking its first baby steps in that direction: Almost a month after it unilaterally declared itself independent of Serbia, Kosovo still doesn't have a foreign ministry or any embassies abroad. Pridnestrovie has better developed government institutions, including an effective Ministry of Foreign Affairs and a number of representative offices abroad.

" - Kosovo lacks a foreign ministry and it has no effective control over a large part of its claimed territory. These two factors alone are not enough to automatically disqualify it from statehood," says Michael Garner, a specialist on Eastern Europe."But when you add the fact that foreign bureaucrats have veto power over any decision that Kosovo's government takes, and can overturn laws, it becomes clear that Kosovo is not a sovereign state."

" - In Kosovo, there is no sovereignty to govern inside its own borders when any decision can be annulled by outsiders," adds Garner. "In such a situation, it is wrong under international law to recognize Kosovo as a sovereign state, because you would be recognizing a 'false state' without full sovereignty in the true meaning of the word. Based on the facts alone, Transdniestria is much more of a true sovereign state than Kosovo and has a better case for international diplomatic recognition."

See also:
» Kosovo ripple effect spreads to de-facto independent countries
» After Kosovo precedent, Transdniestria re-affirms independence commitment
» "Transnistria independence before Kosovo" says top Washington expert

Opinion and commentary:
» The case of Kosovo