Master'sOpen Access

Kosovo?s independence and precedent discussions: Northern Cyprus, Nagorno-Karabakh and the others

2011
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Advisor: Prof. Dr. Hasan Ünal

Abstract (EN)

Kosovo?s independence declaration triggered a new series of discussion both in international law and international politics. In the global system which had been developed after the World War I, the sovereignty, territorial integrity and holiness of the borders have become commonly accepted principles. In this context, the right of self-determination was individualized for limited circumstances. The most important of these cases are related to decolonization process. However, the number of the so called new states which claim that they use their self determination rights either peaceful means through bloody wars have increased after the Cold War. Therefore the unilateral declaration of independence of Kosovo is crucial.The discussion which was started with the independence of Kosovo has gained a new aspect when Serbia that had tried to stop or illegitimize this independence via diplomatic ways applied to the International Court of Justice. The advisory opinion of ICJ dated June 22, 2010, made independence of the Kosovo a global issue. The opinion of ICJ which asserts that unilateral declaration of independence is not illegal in international law caused that some newly independent countries in other regions strongly espouse this opinion. Besides, ICJ?s opinion on the right of self determination and uniqueness of Kosovo case move discussions from international law perspective to political one.In this context, this study compared the Kosovo case to three other cases. In order to compare the Kosovo issue from law and political aspects, Turkish Republic of Northern Cyprus, Nagorno Karabakh and Abkhazia are selected as samples. In the light of the facts that are elaborated in the study it is concluded that Kosovo case has the potential to be a precedent for TRNC, but it could not be accepted as a sample for Nagorno Karabakh and Abkhazia. However, it is obvious that although there is an open relation between TRNC and Kosovo, international law is not enough for being recognized by other states, but this issue is also political issue. Therefore, if TRNC wants to benefit from this independence winds Turkey should accept much more active approach.Key Words:1.Kosovo?s Independence2.Precedent Discussions3.Turkish Republic of Northern Cyprus4.Nagorno Karabakh5.Abkhazia

Author

Dr. İrem Erkmen

How to Cite

İrem Erkmen (Master Thesis). Kosovo?s independence and precedent discussions: Northern Cyprus, Nagorno-Karabakh and the others, 2011, Gazi University.

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