What was/is the alternative to the Brussels agreement from 2013 between Serbia and Kosovo*

Manojlović, Savo (2024) What was/is the alternative to the Brussels agreement from 2013 between Serbia and Kosovo*. In: International scientific thematic conference From national sovereignty to negotiation sovereignty "Days of Law Rolando Quadri", Belgrade, 14 June 2024 : thematic conference proceedings of international significance. Institute of Comparative Law ; University "Niccolò Cusano",, Belgrade; Rome, pp. 169-184. ISBN 978-86-82582-18-2

Text 2024 - Convegni_Tematici - Manojlović.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (508kB)

Abstract

In this paper the author states that neither in the past nor now in the present, the history of the conflict between the Serbs and the Albanians in Kosovo has not been so black or white as both parties-are trying to demonstrate. Instead of the new division on winners and losers, it is necessary to take into consideration the principle of reciprocity. Diametrically opposed position should be reconciled thorough the principle of double sovereignty and high degree of autonomy for the Serbian territorial entity in Kosovo. The representatives of both Serbia and Kosovo should base their agreement on the SC Resolution 1244 and the advisory opinion of the International Court of Justice, taking into consideration factual reality and the opposite positions of both parties regarding the status of Kosovo. The prime objective is to enable functional and peaceful coexistence of all the nations in Kosovo, especially between the Serbs and Albanians. Kosovo would be formally considered as a part of Serbia, but Kosovo institutions would function fully independent. The jurisdictions of the Serbian Entity (SE) would be regulated in the scope of unresolved and disputed Kosovo autonomy. The same should be made thorough Kosovo legal system, with reference to Kosovo independence and integrity. Both legal systems should provide high degree of autonomy for Kosovo Serbs. Serbia should declared that a separate legal system has been established in Kosovo, according to SC Resolution 1244, and it would imply the acceptance of factual reality and at the same time it would be according to the principle of fundamental autonomy, which was proclaimed by the Resolution. Kosovo Albanians thorough its legal system should establish high degree of territorial autonomy for Serbs, that would include legislative, executive and judicial power. Different mechanisms from the comparative federal system are used-in the process of construction of this new and original „double sovereignty“ concept. In this paper many factors have been taken in to consideration: the diametrically opposed position of the Serbian and Albanian side; the position and geopolitical interests of the most powerful countries (USA, Great Britain, Germany, France support the Kosovo independence while Russia and China side with Serbia); disagreement of international Community about Kosovo status; Kosovo secession from Serbia as international precedent that will serve as a good argument for all territories with similar pretensions; processes of European integration for Serbia and Kosovo.

Actions (login required)

View Item