the distinct cases of kosovo and south ossetia

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Fordham International Law Journal

Volume 32, Issue 6 2008 Article 6

The Distinct Cases of Kosovo and South

Ossetia: Deciding the Question of

Independence on the Merits and International

Law

Ronald Thomas

Copyright c2008 by the authors. Fordham International Law Journal is produced by The Berke-

ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj


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The Distinct Cases of Kosovo and South

Ossetia: Deciding the Question of

Independence on the Merits and International

Law

Ronald Thomas

Abstract

The cases of Kosovo and South Ossetia provide two opportunities for the community of na-

tions to reconcile the rights of Serbia and Georgia with the rights of the peoples within their

borders. Instead of doing so, other countries used these cases for ideological and political postur-

ing and continued to do so as of the end of 2008. This Note will review Kosovo and South Ossetia

and attempt to take the politics out of an inherently political decision-whether or not to recognize

them as independent states. Part I of this Note will review how the United Nations has approached

the issues of autonomy, borders, secession, and minorities. It will also provide background on

the doctrines of self-determination and the rights of states. Part II will set out the facts-as they

are generally accepted-of Kosovo and South Ossetia and consider the differing opinions regard-

ing independence of the two areas. Part III will review those opinions in light of the goals and

doctrines of the United Nations and how it has approached these issues in the past. The Note con-

cludes that recognition of independence of the states should be driven by legal arguments ratherthan political or social alliances and that the goals of the United Nations are best served by being

steadfast in promoting multi-ethnicity within political entities; Kosovo and South Ossetia should

be recognized as autonomous regions within Serbia and Georgia, respectively. The Note also con-

cludes that domestic as well as international legal structures must be in place to make autonomy

workable.


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the distinct cases of kosovo and south ossetia

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