Recognition is an instrument of the public international law founded in the
classical international law. Still, it preserves its main characteristics
formed in the period when states dominated as the only legal persons in
international community. Nevertheless, the instrument of recognition is today
as vibrant as ever. As long as it does not have a uniform legal definition
and means of application, it leaves room to be applied to very specific
cases. In this paper, the instrument of recognition is elaborated from two
aspects - theoretical and practical. First (theoretical) part of the paper
presents main characteristics of the notion of recognition, as presented in
main international law theories - declaratory and constitutive theory. Other
part of the paper is focused on the recognition in the case of Kosovo. Within
this part, main constitutive elements of state are elaborated, with special
attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does
not fulfill main constitutive elements of state. It is not an independent and
sovereign state. It is in the status of internationalized entity, with four
international missions on the field with competencies in the major fields of
state authority - police, judiciary system, prosecution system, army, human
rights, etc. Main normative framework for the status of Kosovo is still the
UN Resolution 1244. It is also the legal ground for international missions,
confirming non-independent status of Kosovo. States that recognized Kosovo
despite this deficiency promote the constitutive theory of recognition, while
states not recognizing Kosovo promote declaratory theory. Brussels Agreement,
signed by representatives of Serbia and Kosovo under the auspices of the EU,
has also been elaborated through the notion of recognition - (1) whether it
represents recognition; (2) from the perspective of consequences it provokes
in relations between Belgrade and Pristina. Official position of Serbian
Government is clear - Serbia does not recognize Kosovo as an independent and
sovereign state. On the other hand, subject matter of Brussels Agreement
creates new means of improvement for Kosovo authorities in the north part of
Kosovo. Thus, Serbian position regarding the recognition is twofold - it does
not recognize Kosovo in foro externo, and it completes its competences in
foro domestico. What has been underlined through the paper and confirmed in
the conclusion is that there is not a recognition which has the power to
create a state and there is not a non-recognition which has the power to
annul a state.
Recognition in international law: The case of Kosovo and Metohija
