Nationalism and Political Challenges in State Recognition: Kosovo's Legal and Diplomatic Journey

ABSTRACT Why has Kosovo failed to secure broader international recognition, despite the International Court of Justice's 2010 advisory opinion validating its declaration of independence? This article addresses that puzzle by examining the interplay between legal rulings, nationalist narratives, strategic diplomacy and governance performance. It argues that recognition remains a deeply political act, often disconnected from legal affirmation. While Kosovo has achieved partial recognition, support has plateaued because of entrenched geopolitical divides, fears of precedent‐setting among states with separatist movements and contested narratives surrounding legitimacy and sovereignty. Drawing on a qualitative case study approach, the paper analyses legal documents, diplomatic records and governance strategies to uncover the multidimensional factors influencing recognition. It finds that Kosovo's progress has depended not only on normative legal claims but also on its ability to position itself as a sui generis case through sustained diplomacy and state‐building. However, missed opportunities, such as under‐leveraging the ICJ opinion, underscore the importance of strategic coherence. The study contributes to debates in law theory, contested statehood and recognition theory, offering broader insights for similarly situated entities. It also highlights the evolving criteria by which legitimacy is assessed in global politics, where law, identity and power remain tightly intertwined.

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Publication Details

Journal
Studies in Ethnicity and Nationalism
Published
2025-12-02
DOI
https://doi.org/10.1111/sena.70008
Primary Topic
Post-Soviet Geopolitical Dynamics
Type
article
Field-Weighted Citation Impact
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article

Nationalism and Political Challenges in State Recognition: Kosovo's Legal and Diplomatic Journey

Zahir Çerkini, Gjenis Haxhimehmeti
Studies in Ethnicity and Nationalism
Post-Soviet Geopolitical Dynamics
article

Nationalism and Political Challenges in State Recognition: Kosovo's Legal and Diplomatic Journey

Zahir Çerkini, Gjenis Haxhimehmeti
article en

Abstract

ABSTRACT Why has Kosovo failed to secure broader international recognition, despite the International Court of Justice's 2010 advisory opinion validating its declaration of independence? This article addresses that puzzle by examining the interplay between legal rulings, nationalist narratives, strategic diplomacy and governance performance. It argues that recognition remains a deeply political act, often disconnected from legal affirmation. While Kosovo has achieved partial recognition, support has plateaued because of entrenched geopolitical divides, fears of precedent‐setting among states with separatist movements and contested narratives surrounding legitimacy and sovereignty. Drawing on a qualitative case study approach, the paper analyses legal documents, diplomatic records and governance strategies to uncover the multidimensional factors influencing recognition. It finds that Kosovo's progress has depended not only on normative legal claims but also on its ability to position itself as a sui generis case through sustained diplomacy and state‐building. However, missed opportunities, such as under‐leveraging the ICJ opinion, underscore the importance of strategic coherence. The study contributes to debates in law theory, contested statehood and recognition theory, offering broader insights for similarly situated entities. It also highlights the evolving criteria by which legitimacy is assessed in global politics, where law, identity and power remain tightly intertwined.

Studies in Ethnicity and Nationalism
Bern University of Applied Sciences (CH), University Clinical Center of Kosovo (XK), University of Prishtina (XK)
Openalex Percentile: Top 58%
Post-Soviet Geopolitical Dynamics
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