Kosovo

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The Luxembourg Court Rules on the Difference between States and Countries as International Law Actors

On 23 September 2020, the General Court of the European Union (GCEU) in Case T-370-19 Kingdom of Spain v. European Commission rendered a judgment that will surely become an important footnote in any textbook of public international law dealing with treaties and subjects. In this case, the GCEU ruled, among others, on whether certain acts by the EU in relation to Kosovo amounted to its recognition as a sovereign State, in particular the conclusion by the EU of international agreements with Kosovo and recognition by the EU of its representations in different EU mechanisms. Facts of the Case In 2019, the European Commission issued a decision by which it recognised that Kosovo’s National Regulatory Authority (NRA) could participate in the Body of European Regulators for Electronic Communications (BEREC). The Commission treated Kosovo as a ‘third country’ within the meaning of Article 35(2) of Regulation 2018/1971 (EU Regulation). The decision to accept Kosovo’s NRA in BEREC was also based on the Stabilisation and Association Agreement (SAA) that Kosovo has signed with…

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On Hezbollah, Huawei, Homosexuality, Sharon Stone and a Chainsaw: The Economic Normalization Agreement between Serbia and Kosovo

On September 4, 2020, an economic relations agreement was signed between Serbia and Kosovo, as part of efforts to resolve the long-standing dispute about Kosovo’s independence. It was brokered by the Trump administration and signed at the White House. President Trump called the agreement historic and its signatories – the President of Serbia, Aleksandar Vučić, and Prime Minister…

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The Applicability of the ECHR in Contested Territories; Two Other ECHR Cases Against Russia

Earlier this week the European Court of Human Rights decided Sandu and Others v. the Republic of Moldova and Russia, nos. 21034/05 etc, the latest in its Ilascu line of cases (see here and here for more background). As in its previous case law, the Court in Sandu found that both Moldova and Russia exercised…

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Kosovo’s Membership in the PCA: Some comments on Professor Zimmermann’s post

It was nice to read Professor Zimmermann’s post on the issue of membership of Palestine and Kosovo in the Permanent Court of Arbitration (PCA), as this matter should get more attention from the community of international lawyers. I have already dealt with some of the relevant legal issues in an ESIL Reflection of 11 March 2016…

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Palestine at the Gates of the Peace Palace: The long and windy road towards Palestinian membership in the Permanent Court of Arbitration

To Be or not to be a Party … It took two lengthy sessions of the Administrative Council of the Permanent Court of Arbitration (‘PCA’ ) before it decided, on March 14, 2016, to confirm that the ‘State of Palestine’ is a contracting party to the 1907 Hague Convention for the Pacific Settlement of International Disputes…

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