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The Kosovo Constitution and Provisions for the Protection of Minorities in Europe

The Kosovo Constitution and Provisions for the Protection of Minorities in Europe B. NATIoNAL DEvELoPMENTS Marc Weller* on 17 February 2008, Kosovo declared independence. This action was not embedded in a legal environment supported by the united Nations Security Council. In particular, it had not been possible to obtain a Chapter vII Council resolution that would have internationally entrenched Kosovo's commitments relating to its minorities (communities), and certain other undertakings. These additional undertakings included, for instance, an agreement not to seek union with any neighbouring state or to maintain any territorial claims in relation to neighbouring states. These commitments had been included in the detailed provisions of the Comprehensive Proposal for the Status Settlement for Kosovo presented by uN Special Envoy Martti Ahtisaari on 26 March 2007, nearly a year before the declaration of independence.2 I. Background Drafting the Constitution of Kosovo was a complex task. The local political parties had been anticipating such a moment for many years. In fact, even before the Rambouillet Conference of February 1999, which had sought to generate an interim constitutional settlement for Kosovo, several leading legal experts from Kosovo had started work on a constitution. This work accelerated after the adoption of Resolution 1244 (1999) of * 1 2 3 Director, European Centre http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

The Kosovo Constitution and Provisions for the Protection of Minorities in Europe

European Yearbook of Minority Issues Online , Volume 6 (1): 483 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright 2008 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1570-7865
eISSN
2211-6117
DOI
10.1163/22116117-90000083
Publisher site
See Article on Publisher Site

Abstract

B. NATIoNAL DEvELoPMENTS Marc Weller* on 17 February 2008, Kosovo declared independence. This action was not embedded in a legal environment supported by the united Nations Security Council. In particular, it had not been possible to obtain a Chapter vII Council resolution that would have internationally entrenched Kosovo's commitments relating to its minorities (communities), and certain other undertakings. These additional undertakings included, for instance, an agreement not to seek union with any neighbouring state or to maintain any territorial claims in relation to neighbouring states. These commitments had been included in the detailed provisions of the Comprehensive Proposal for the Status Settlement for Kosovo presented by uN Special Envoy Martti Ahtisaari on 26 March 2007, nearly a year before the declaration of independence.2 I. Background Drafting the Constitution of Kosovo was a complex task. The local political parties had been anticipating such a moment for many years. In fact, even before the Rambouillet Conference of February 1999, which had sought to generate an interim constitutional settlement for Kosovo, several leading legal experts from Kosovo had started work on a constitution. This work accelerated after the adoption of Resolution 1244 (1999) of * 1 2 3 Director, European Centre

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2006

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