Conference Title: International Conference in Business,Technology and Innovation 2013
Conference Title: UBT Publications
Contributing Editos: Prof. Albert Qarri, Prof. Ibrahim Krasniqi, Krenare Pireva, Evelina Bazini, Nita Abrashi
Co-Organizers: Ardian Emini, Vlora Aliu, Betim Gashi, Xhemajl Mehmeti, Kushtrim Dragusha, Murat Retkoceri, Kaltrina Bunjaku, Leonita Braha
Start Date: 2013-11-01
End Date: 2013-11-02
Venue, City, Country: : Hotel Bleart , Durres , Albania

Paper Title

Non-recognition of Kosovo from five EU state members doesn’t help stability in the Balkans


Bashkim Rrahmani


Declaration of the Kosovo Parliament (February 17, 2008) states that: “Kosova becomes an independent and sovereign state…”.The request for recognition was sent to all states of the world whereas the proclamation of the Kosova independence caused different reactions within the International Community. A number of states recognized quickly and without any hesitation Kosovo as an independent state (USA, Great Britain, France, Germany, Turkey, etc…) whereas the other group of states (Russia, Serbia, etc.) refused to recognize Kosovo basically based on the international law traditional conditions for state recognition and based on the fear that Kosovo could be a precedent (political and/or juridical) that may in other situations for the people or states that aspire independence (example: Ossetia). Arguments that made the juridical base for proclamation of the Kosovo independence as well as the arguments for the right of Kosovo to require recognition derive from political viewpoint as well as from the International Public Law viewpoint. These viewpoints are strengthened to a big extent by the opinion of the ICJ regarding the Kosovo case of independence. In favor of this could be used also the attitude of the International Arbitrage during the early phase of the dissolution of former Yugoslavia, according to which “the creation of new states belongs to the factually situation” and thus the recognition should be t of the declarative character that means that Kosovo should be recognized based on the theory of declarative recognition. Kosovo has reached 100 recognitions but the key problems in regard to recognition is the need for recognition from five EU member states. The recognition of these states is crucial for establishing further Kosovo as a sustainable and a state of the rule of law; a state where democracy and the market economy is developed; a state that fulfils international obligations; a state that leads the process of dialogue between Balkan states contributing peace and the stability; a state that aspires integration and the fulfils more quickly conditions for integration; a state where its citizens do not feel as the second hand citizens of the Europe since there might exist a perception that its citizens are treated as such (Kosovo citizens are subject of visa regimes);a state that is dominated by new positive initiatives, etc. Non recognition makes all of what was stated above difficult and decelerate processes.


independence, declaration, recognition, EU states, dialogue, rule of law, democracy