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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. NATIo NAL DEv ELo PMENTS Marc Weller* The Kosovo Constitution and Provisions for the Protection of Minorities in Europe o n 17 February 2008, Kosovo declared independence. This action was not embedded in a legal environment supported by the u nited Nations Security Council. In particular, it had not been possible to obtain a Chapter v II Council resolution that would have inter- nationally 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 territo- rial 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 u N Special Envoy Martti Ahtisaari on 26 March 2007, nearly a year before the declaration of independence. 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 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): 45 – Feb 9, 2008

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6117
DOI
10.1163/22116117-90001621
Publisher site
See Article on Publisher Site

Abstract

B. NATIo NAL DEv ELo PMENTS Marc Weller* The Kosovo Constitution and Provisions for the Protection of Minorities in Europe o n 17 February 2008, Kosovo declared independence. This action was not embedded in a legal environment supported by the u nited Nations Security Council. In particular, it had not been possible to obtain a Chapter v II Council resolution that would have inter- nationally 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 territo- rial 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 u N Special Envoy Martti Ahtisaari on 26 March 2007, nearly a year before the declaration of independence. 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

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Feb 9, 2008

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