The negotiation process and the Martti Ahtisaari Plan as a way to the unconditional state independence of the "Republic of Kosovo"

2021 ◽  
pp. 257 (322)-269 (333)
Author(s):  
Anna Igorevna Filimonova ◽  
Kseniya Dmitrievna Kot

The article presents an analysis of one of the most acute and urgent problems of our time — the acquisition of the de facto independence declared by Pristina on February 17, 2008 by the separatist forces of the Kosovo Albanians, represented mainly by the former leaders of the so-called Kosovo Liberation Army, of the sabotage and punitive character of the fighting, and the Albanian politicians completely subordinate to them by that time. The authors focused on identifying the role of the UN (UN Security Council and the UN Civil Administration in Kosovo and Metohija — UNMIK), the United States, the EU, and Serbia since the beginning of the illegitimate process of negotiations, not on the implementation of the binding UN Security Council Resolution No. 1244, but on the completely contradictory negotiations on the status of Kosovo and Metohija, the failure of which, however, led, as planned, to the proclamation of the creation of the "Republic of Kosovo" and its subsequent strengthening on the basis of the principles underlying the preparation and conduct of these negotiations, as well as the Martti Ahtisaari Plan. The article covers the period from the end of the NATO military aggression against the FRY (June 1999) to February 17, 2008 – the starting point of the creation of the quasistate of Kosovo. The materials of the article can be used in the educational process within the "International Relations" and "Political Science" program tracks. English version of the article on pp. 322-333 at URL: https://panor.ru/articles/negotiation-and-martti-ahtisaariplan-as-a-path-to-the-unconditional-state-independence-of-the-republic-of-kosovo/65975.html

Author(s):  
E. L. Kuzmin

Examining the history of the UN creation in the first part of the article, the author focuses on an exceptionally significant issue settled in 1945 during the Crimean Conference of the Heads of the Three Great Powers, namely: the order of voting in the UN Security Council. Various appeals to renounce the “veto” of permanent members of the UN Security Council enshrined in the UN Charter have become the main leitmotif of numerous attempts of the United States and their closest allies to revise the UN Charter. Reviewing such proposals, the author notes that populist ideas the essence of which constitutes the call to replace, based on the principles of equality of all States, an international Organization by a supranational structure whose activities would actually be based on the principle of “who has force, has power” have been disseminated in Western political and scientific circles.The author goes on to consider the crucial question: whether the Organization have been able to cope with its main mission: to maintain international peace and security?Listing the outstanding universal documents of our time developed in the bowels of the UN, the author calls the most notable, in his opinion, achievement of the Organization — a real liberation of dozens of countries in Asia, Africa and Latin America from colonial oppression. Analyzing the activities of the UN, the author acknowledges that the Organization in many respects is still far from its unifying convergent essence: the US and its NATO allies lead the policy aiming at crashing the system of international relations, based on the central role of the UN in world politics; the US promote a concept that implies the creation of closed alliances to develop and implement measures bypassing the UN. Amid such realities, Russia, seeking to strengthen multilateral principles in international affairs, emphasizes the creation of a self-regulating international system, which requires collective leadership of the leading States that is represented geographically and civilizationally, and exercised with full respect for the central and coordinating role of the United Nations.The article also draws attention to the fact that modern reality identifies more and more intractable problems, which often lead to the “autonomization” of international law: “niches” that are not filled with legal material inevitably give rise to situations where the gaps concerned are governed by particular and special rules based on bilateral or regional foundations, The author sees the empowerment of international law in the approval of principles of intercivilizational communication, the pursuance of synthesis of various legal systems, ideologies, cultures, religions and other spiritual values, which would provide a reliable basis for strengthening the importance and influence of international law.


1997 ◽  
Vol 66 (2-3) ◽  
pp. 273-300 ◽  
Author(s):  

AbstractThis article aims to throw a light on the problems relating to the proposed enlargement of the composition of the UN Security Council at present by studying the creation of four non-permanent seats in the Security Council in 1963 from the British and the French perspectives. The examination is based on the author's research of original documents in the archives of the British and French foreign ministries and upon information provided to the author by British, French and Finnish diplomats. The author concludes that, as between 1946 and 1963, British and French short term interests are still best served by maintaining the status quo in the Security Council. However, in a long term perspective it is not clear where the interests of these two States lie.


2020 ◽  
Vol 10 (6) ◽  
pp. 63-70
Author(s):  
MAHMOUD AHMAD RABAYA FUAD ◽  

The urgency of the issue is determined by the disregard of the international community, especially the United States and its allies, of the will of the Palestinian people to create their own state. The article is devoted to the problem of creating a sovereign Palestinian state. Palestine currently remains a hostage of intermediary States, especially the United States, which does not allow direct negotiations with Israel on the return of the occupied territories, the solution of the refugee issue, the regulation of the status of Jerusalem, and other problems. The Palestinian authority does not have state sovereignty as an integral state entity. The author, after analyzing various projects on the settlement of the Palestinian-Israeli conflict, comes to a disappointing conclusion that it is impossible to achieve the goal of creating a Palestinian state through the assistance of the international community, primarily the United States and the European Union. Due to the current circumstances, it is not possible to hold direct Palestinian-Israeli negotiations. As a conclusion, it is noted that the us monopoly influence on the negotiation process is not productive. To solve this problem, we need a wider range of intermediaries, including international organizations, global and regional actors. Success is possible if the leadership of Israel is inclined to compromise, agreement is reached in Israeli society on the creation of a Palestinian state, and internal contradictions are overcome in the Palestinian society, first of all, the intra-elite split, which further pushes the prospect of the creation of a state of Palestine. The work is based on General scientific research methods and works of Russian and foreign researchers. Empirical data are taken from open sources.


2004 ◽  
Vol 18 (3) ◽  
pp. 51-64 ◽  
Author(s):  
Simon Chesterman

The U.S. invasion of Iraq in 2003 has been the subject of much discussion for its impact on the use of force outside of UN Security Council authorization. Less commented upon is the fact that the so-called “Operation Iraqi Freedom” resurrected a body of international law that had been dormant through the second half of the twentieth century: the law of military occupation. Developed at a time when war itself was not illegal, this doctrine became something of an embarrassment after the UN Charter established a broad prohibition on the use of force. Nevertheless, through the 1990s the United Nations itself had become involved in operations in Kosovo that looked distinctly like military occupation. Even the most liberal reading of the instruments governing occupation law, however, finds it hard to reconcile this law with military intervention and post-conflict occupation premised on regime change. This article first surveys the law of military occupation before briefly examining the role of the UN Security Council in post-conflict administration. It then turns to the ambiguous responsibilities accorded to the United States and Britain as occupying powers in Iraq in 2003–2004.


2021 ◽  
Vol 2 (1) ◽  
pp. 29-40
Author(s):  
Khoirunnisa Jubaidi ◽  
Maisarti Razali Budiman

Indonesia has been elected for the fourth time to become a non-permanent member of the UN Security Council. Indonesia with its free and active foreign policy is entrusted with this position. Indonesia will serve during the 2019-2020 period. Indonesia has done a lot for world peace in accordance with the 1945 Constitution and with its free and active political principles. The author wants to see the role of Indonesia in its membership in the UNSC in helping to bring about peace in conflicting countries, in this case Afghanistan. However, the long conflict between the United States and the Taliban can be contained and resolved properly. The UN Security Council has the responsibility for this, and Indonesia takes part in it. How Indonesia makes policies and takes a role as a member of the International Organization Agency, who has this sizeable responsibility. By using the theory of Conflict Resolution and international organizations as an analysis tool, the author will discuss Indonesia's role as a non-permanent member of the UN Security Council in resolving the conflict in Afghanistan in 2019-2020. Keywords: Role, conflict, Peace


1998 ◽  
Vol 1 ◽  
pp. 375-379 ◽  
Author(s):  
Natalia Lupi

Following the collapse of Somalia into a state of general anarchy after the fall of Siad Barre's regime, the UN Security Council, on 24 April 1992, adopted Resolution 751 with which, under the direction of the Secretary-General, it created the UNOSOM (United Nations Operation in Somalia) mission. The duty of UNOSOM was to supervise both the ceasefire between the fighting factions and the distribution of humanitarian aid.When the situation worsened, the Security Council adopted Resolution 794 on 3 December 1992 under Chapter VII of the UN Charter, authorizing the creation of UNITAF (Unified Task Force) under the command of the United States. UNITAF's mandate was to create a safe environment for humanitarian aid and for reconstruction. With Resolution 814 of 16 March 1993, the Security Council entrusted the UN Secretary-General with the command of operation UNOSOM II, which took over from the international task force directed by the United States and concluded its mandate in 1994.


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