Self-determination aspects and their implications in the case of Kosovo

The right of self-determination is an argumentative issue in international law, dealing with questions of who qualifies for this right, how it is obtained, and how it can be realized, whether through independence or autonomy. Self-determination is generally divided into external (creating an independent state) and internal (self-governance without statehood). Smaller, distinct groups often seek internal self-determination to preserve their cultural or ethnic identity through political representation, autonomy, or federalization. However, states are cautious about granting autonomy, viewing it as a potential step towards secession. This caution has increased since the dissolution of socialist federations in the 1990s, which led to the creation of new states based on former administrative borders. Kosovo’s case is unique but seen as part of the broader process of the dissolution of Yugoslavia. Despite gaining external self-determination through independence in 2005, Kosovo struggles with full international recognition and control over its entire territory, where the Serbian minority resides. Kosovo’s Constitution allows some form of internal self-determination for minorities, but achieving a suitable framework remains challenging. The paper argues that Kosovo, having achieved external self-determination, now bears the responsibility to ensure internal self-determination for its minorities, following international and regional standards. Although there is a stumbling block between two governments about its competencies, and scepticism that solutions are eventual, arguably that can be realized through formation of the proposed Association/Community of Serb Majority Municipalities in Kosovo that theoretically can achieve the desired goals for self-governance if the political will is in place.