Secession as an Expression of the Right to Self-Determination in International Law : A Critical Analysis of the Kosovo Independence

This study examines the twin principles of self- determination and secession in international law, using the Kosovo secession as a case study, with a view to making a finding whether there is an international law right to secession and whether the Kosovo secession was legal in international law. It also examines the concept of “people” as the beneficiaries of self-determination with a view to proposing a functional and acceptable definition of “people”. The study also does a comprehensive analysis of the ICJ Ruling on the Kosovo independence which was delivered in July 2010, while this research was still in its advance stages. The study does a comprehensive factual and legal analysis of previous secession cases in resolving the issues above and has concluded that there is no general international law right to secession. This study is purely a doctrinal legal and library-based research. The only reliable way to do these is by enumerating the established rules and analyzing them in the light of the facts of the case study. It however reveals that in exceptional circumstances, secession will be recognized as a remedial solution to self-determination disputes. Other circumstances in which secession is either supported or opposed in international law are also listed. It also proposes a functional definition of “people” and opined that the Kosovo secession comes within the scope of a remedial secession. Finally, the study has made recommendations towards containing the oft violent crisis engendered by secessionist conflicts. The findings and recommendations will be very useful to policy makers, stakeholders in international law, legal advisors as well as secessionist groups. They will help in putting secessionist claims in their proper perspectives thus, eliminating or at least reducing needless violence and bloodshed associated with such conflicts.