Is Kosovo a Country? (Part III)

By Samuel Lindsay RECOGNITION Having established in Part I and Part II that Kosovo likely satisfies the Montevideo Convention and independence criteria, it becomes necessary to consider the vexed question of recognition. Put simply, recognition is a statement or act by a State indicating the status in international law of another entity. The entity in […]

Is Kosovo a Country? (Part II)

By Samuel Lindsay INDEPENDENCE Having established in Part I that Kosovo satisfies the classic criteria for statehood in the Montevideo Convention, it is necessary to move to the next requirement for statehood: independence. While it may evoke romantic visions of the American Revolutionary War or the long struggle for Indian independence, the term does not […]

Is Kosovo a Country? (Part I)

By Samuel Lindsay Statehood is a deceptively simple concept. While identifying France or Argentina as a State is not exactly ground-breaking, entities such as Palestine or Kosovo pose considerably more difficulty. Clearly, politics plays a significant role in designation. Yet substantial complexities exist in international law as well. Over the course of three articles these […]

The One That Lasted 100 Hours

The legality of war is tricky business. Given the number of potential hotspots erupting (I’m looking at you North Korea), it might be a good time to look back to when it was last done well: the Iraq war. Not that Iraq war, the one before that- the Persian Gulf War of 1991. On August […]

West Papua: Postcolonial Colonialism?

Comprising the western half of the island of New Guinea, West Papua is a province on Indonesia’s far eastern frontier that has been in constant turmoil since Indonesian independence from the Netherlands. Having many of the same ingredients needed for a replay of Timor-Leste, it isn’t hard to see why comparisons have been drawn between […]

Nature’s Legal Personality

I’m about to present a very lofty aspiration for International Law, one on recognising nature as a living person. But is this possible and practical? Under new legislation,[1] the Whanganui River in New Zealand became the first major river in the world to be recognised as a living entity. The river was afforded legal personality – the […]