L'indipendenza del Kosovo tra realtà e finzione

After a brief account of the origin of the Kosovo crisis and of the attempts made by the international community to bring it to a solution, in the present work, the Author starts analyzing the stands taken by States in relation to the declaration of independence issued on the 17 February 2008 by the Assembly of Kosovo. By weighing the validity of the arguments advanced in favor or against the independence of Kosovo, the Author first highlights the violation of the terms of the UN Security Council resolution 1244/99 by the unilateral declaration of independence and the contradictions and omissions inherent in the claim of uniqueness about Kosovo advanced by most of the States which have decided to recognize the new entity. The Author then claims that the independence of Kosovo cannot be characterized neither as an exercise of a (dubious) right to a remedial secession nor as a fait accompli. He therefore concludes that Kosovo does not qualify yet as a subject of international law, that the acts of recognition of the new entity adopted by several States are premature and, as such, illegitimate and that, notwithstanding it is resolutely denied in any official statement, the conduct of abovementioned States seems to be permeated by the philosophy of the remedial secession.