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Prof. Dr  Wolfgang Schumann

29.05.08: EU, UN in talks to share leadership of Kosovo mission - 0 views

  • The legal problems encountered by EU-Lex, the EU mission in Kosovo, could soon be solved, with diplomats currently in talks over plans to share the leadership with UNMIK, the United Nations peace-keeping mission.
  • Background: The EU decided in February 2008 to deploy a 2,200 strong 'Rule of Law' mission to Kosovo under the name 'EU-Lex Kosovo'. Its deployment has already started, after having been delayed for both technical and political reasons.  The initial objective was for EU-Lex to take over from UNMIK, the civilian mission established in the Serbian province following the adoption of UN Security Council Resolution 1244 in June 1999. But Serbia and Russia strongly protest against EU-Lex, because this mission has not been endorsed by the UN Security Council (EurActiv 16/04/08). The objective of setting up an EU mission in Kosovo is highly political. The EU has ambitions to take over the post-crisis management of a territory on European soil. It previously failed to do so in 1999 when it had to resort to NATO to stop the ethnic cleansing and acts of extreme violence perpetrated by the regime of Slobodan Milosevic. 
  • Under plans originally foreseen by the EU, the 2,200 strong EU-Lex mission would eventually replace UNMIK as the leading rule-of-law mission in the new-born state of Kosovo.  But faced with rejection from Serbia and Russia, which have both challenged the mission's legal legitimacy, diplomats are now drawing up plans for the two missions to co-exist under joint command.  The solution would provide the EU with a face-saving trick, according to diplomats who were speaking to EurActiv on condition of anonymity. This is because UNMIK has already been accepted by Serbia and Russia, which has a permanent seat at the UN Security Council. 
Prof. Dr  Wolfgang Schumann

06.07.10: Van Rompuy's Balkan visit focuses on Kosovo - 0 views

  • On his first tour of the Western Balkan, European Council President Herman Van Rompuy condemned the recent violence in Kosovo and called for restraint and dialogue. An extraordinary session of the UN Security Council will be held on the matter today (6 July).
  • Serbia unhappy with pace of EU integration Later in the day, Van Rompuy met with Serbian President Boris Tadić in Belgrade. According to an official communiqué, the two leaders discussed the situation in "Kosovo and Metohia," as Belgrade officially calls its former province. The press also reported that Tadić will attend an extraordinary session of the UN Security Council in New York today, called at the initiative of Serbia. According to the statement, Tadić voiced his dissatisfaction with the slowdown in the European integration process, and insisted that speeding up Serbia's EU accession was crucial for the future of the Western Balkans. Last month, Serbia took another step towards EU integration when EU foreign ministers agreed to start implementing an accord with Serbia known as the Stabilisation and Association Agreement (SAA). The agreement had been blocked for several years, mainly as a result of the Netherlands' insistence that Belgrade must cooperate fully with the UN war crimes tribunal for the former Yugoslavia. Later today, Van Rompuy will be in Pristina to meet the president of Kosovo, Fatmir Sejdiu. A visit to the headquarters of the EU's rule of law mission in Kosovo, EULEX, is also on the agenda.
Prof. Dr  Wolfgang Schumann

17.11.10: 'Wrong answers' on Kosovo could block Serbia's EU candidacy - 0 views

  • When EU enlargement commissioner Stefan Fule hands his 'questionnaire' over to the Serbian authorities during his visit to Belgrade next week, the recipients may wish to take a step back and reflect carefully before they sit down to formulate their responses. Serbia's replies to the list of questions will largely determine the European Commission's assessment of the country's readiness to become an EU candidate, and a few 'wrong' answers on Kosovo could easily compromise the process.
  • Either the European Commission or the Council of Ministers could advise against granting Belgrade candidate status or the decision could be put on hold until Belgrade has clarified contested positions, according to EU officials dealing with Serbia. The questionnaire itself is 'status neutral' regarding Kosovo, and takes into account UN Resolution 1244, which set up an international military presence in Kosovo in 1999. "Serbian answers should be status neutral and respect UN Resolution 1244 as well," an EU member state diplomat told WAZ.EUobserver. "That means Serbia will not be forced to recognise Kosovo's independence in the questionnaire but Belgrade should accept in the answers the reality that Kosovo is not under Serbian sovereignty or control."
  • "Some important EU countries have already signalled they will veto Serbia's candidate status if Belgrade tries to use the questionnaire to affirm sovereignty and territorial integrity in Kosovo," an EU diplomat warned. A positive opinion by the commission is usually essential for an aspiring country to become an official candidate. The only exception so far has been Greece, which became a candidate in spite of a negative assessment by the Brussels-based executive.
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  • "It is imaginable that the commission gives a positive opinion on Serbia without Ratko Mladic being arrested," said a source in the EU Council of Ministers. "But it is unimaginable, after the council conclusion last month in Luxembourg, that the EU [member states] will find the unanimity required to grant candidate status to Serbia without Ratko Mladic being arrested and transferred to the Hague tribunal prison in Scheveningen."
Prof. Dr  Wolfgang Schumann

08.09.10: EU should facilitate Kosovo-Serbia talks, show new muscle - 0 views

  • A rare combination of events offers the EU the opportunity to help Serbia and Kosovo resolve their differences, establish relations and unblock their paths to further European integration. The 22 July International Court of Justice (ICJ) opinion that found Kosovo's declaration of independence violated no international law or UN Resolution, a September discussion in the UN General Assembly on Kosovo, an invitation to mediate by EU High Representative Catherine Ashton, and unprecedented domestic support for Prime Minister Hashim
  • Possibly, it only wants talks that discuss Kosovo's status, inherently delaying other countries' decisions to join the 69 states that have already recognised. But this delaying tactic is not going to work, and there will be no EU facilitated dialogue if Serbia does not accept to sit down with Kosovo as an equal. The encouraging news is that some high level officials in Serbia seem to recognise this. They are interested in moving forward with their EU candidacy and feel Kosovo as an albatross holding them back. They want to find mutually acceptable solutions with Pristina which could pave the way for recognition.
Prof. Dr  Wolfgang Schumann

31.08.10: EU tells Serbia to give up Kosovo 'last battle' - 0 views

  • Serbia has tabled an initiative to push through a resolution in the UN General Assembly declaring unilateral secession by Kosovo as "unacceptable". But major EU countries warned Belgrade that it should seek solutions to its problems in Brussels, not New York. Beta agency, EurActiv's partner in Serbia, reports.
  • Unhappy with the International Court of Justice's ruling that Kosovo's independence declaration did not violate international law (EurActiv 23/07/10), Serbia has taken the issue to the UN, hoping for a more sympathetic approach from its members to the issue of territorial integrity. The draft resolution calls for fresh talks on all outstanding issues, but also condemns Kosovo's unilateral declaration of independence. Belgrade plans to get it adopted at a session which starts in mid-September. As reported by international agencies, the EU has warned Belgrade that insisting on the resolution could harm relations with Brussels and eventually its aspirations to join the EU.
Prof. Dr  Wolfgang Schumann

10.09.10: Internal discussions in Serbia on UN adoption of Kosovo Resolution - 0 views

  • Belgrade has praised the UN General Assembly's adoption of a resolution on Kosovo that calls for dialogue between the state and Serbia. Serbian Foreign Minister Vuk Jeremic said the decision on Thursday night was an important move as it ended the process Serbia had started by requesting a legal opinion from the International Court of Justice, ICJ, on Kosovo's 2008 declaration of independence.
  • Some opposition parties in Serbia were quick to label the adoption "a defeat and shame for the Serbian people". Dragan Todorovic from the opposition Serbian Radical Party, SRS, called Thursday's adoption the "most shameful and hardest hit" that Serbia had suffered in its history. "Everyone who watched the session could see how Serbia has lost Kosovo, for which it has been fighting for generations in only one way," Todorovic told Balkan Insight.
Prof. Dr  Wolfgang Schumann

28.06.08: Kosovo Serbs Launch Assembly - 0 views

  • Kosovo Serbs have inaugurated their own parliament with a declaration that Kosovo is a part of Serbia, defying criticism from the UN and ethnic Albanian leaders that the assembly is illegal.
  • The delegates present at the session further said that the perceived "urgent need to protect their lives, rights, freedoms, dignity, identity, integrity, culture and property, and rejecting illegal secessionist acts," was the reason why the assembly was created.The assembly, the declaration adds, is a representative body for the citizens of Serbia in this province, that will work in publicly and aim to steer and harmonize the work of its member-municipalities. The assembly has the right to send draft laws to the Serbian parliament, on those issues that are relevant to the residents of Kosovo. However the assembly has no executive authority but reflects a deepening ethnic partition of Kosovo since its Albanian majority declared independence from Serbia in February, backed by the West but opposed by Belgrade and its ally Russia.
Prof. Dr  Wolfgang Schumann

22.07.10: Kosovo independence no violation of law, finds International Court of Justice - 0 views

  • By a 10-4 majority, the judges of the International Court of Justice on Thursday ruled that the unilateral declaration of independence by the then-Serbian province of Kosovo did not violate international law. In something of a fudge that will leave no one happy, the non-binding ruling found that as there are no provisions in international law restricting independence declarations, such as that pronounced by Kosovo on 17 February, 2008, the new state is neither abiding by international law nor in violation.
  • Serbian President Boris Tadic reacted to the ruling by saying: "Serbia of course will never recognise the unilaterally proclaimed independence of Kosovo because it believes that unilateral, ethnically motivated secession is not in accordance with the principles of the United Nations." However, Mr Tadic went on to say that Belgrade would now seek another UN resolution in order relaunch talks over Kosovo, and Serbian foreign minister Vuk Jeremic urged Serbs in northern Kosovo to not be provoked into violence.
Prof. Dr  Wolfgang Schumann

09.11.10: Will Negotiation Slot for Kosovo be used? - 0 views

  • When UN made new Kosovo related decision on September 2010 it was believed that resolution would enable a dialogue for resolving this frozen conflict. With minimal preconditions new direct talks between Belgrad and Pristina and a possible deal between local stakeholders could open the way for sustainable solution. However resent events have have resulted in stalemate: President of separatist Kosovo government resigned and dissolution of the government itself have put the focus in Kosovo on next elections which will be held in December 2010. Meanwhile also Serbia starts soon preparations for its next next elections, due by spring 2012. Thus there is a narrow negotiation slot between the time when a new Kosovo government takes office and to end successfully before the Serbian election campaign makes any compromise impossible. The core question is if there is political will to start talks with the aim of reaching as comprehensive a compromise settlement as possible.
Prof. Dr  Wolfgang Schumann

24.09.10: Kosovo in New York - 0 views

  • After Bulgarian Prime Minister Boiko Borissov took his turn among a succession of heads of state and government to have talks with United Nations Secretary-General Ban Ki-moon at the start of the General Assembly’s new season, the UN’s news service said that Kosovo had topped the agenda, specifically the prospects for talks between Belgrade and Priština.Given hopes in diplomatic circles that on the sidelines of the General Assembly talkfest, an arrangement could be brokered to open negotiations between Serbia and Kosovo, the topic of the Borissov-Ban discussions was hardly a surprise – especially given Bulgaria’s desire to take the lead in helping to get the Western Balkans on an even keel.
  • These developments all preceded what many hoped would be a turning point in New York – a scheduled September 23 meeting between EU foreign policy chief Catherine Ashton and  Tadić, at which – or so it was hoped – there would be some agreement on starting an EU-brokered set of talks between Belgrade and Priština, including a starting date for the dialogue.On September 20, Ashton met Kosovo prime minister Hashim Thaçi. Media in Priština said that Thaçi had told Ashton that Kosovo was prepared to talk to Serbia about matters of mutual interest, but with the issues of Kosovo’s status decidedly off the agenda.
Prof. Dr  Wolfgang Schumann

09.07.10: Parliament calls on all EU countries to recognise Kosovo - 0 views

  • The European Parliament has called on the five remaining EU member states yet to recognise Kosovo's independence to do so. But leading MEPs admitted that no moves were expected before a ruling from the International Court of Justice on the legality of the former Serbian province's independence, due in the coming weeks.
  • n a resolution adopted yesterday (8 July), MEPs say they "would welcome the recognition by all member states of the independence of Kosovo," referring to the five that are dragging their feet – Cyprus, Greece, Spain, Romania and Slovakia. The parliamentarians urge the EU-27 to "step up their common approach towards Kosovo'' in order to make EU policies more effective for everyone in the territory. They also reject the possibility of a partitioned Kosovo. Cyprus, a divided island since the Turkish invasion in 1974, rejects Kosovo's declaration of independence owing to its stance on territorial integrity and the lack of UN approval. It is backed by Greece, while Spain – which has its own regional tensions – cites lack of respect for international law as justification for its opposition. Romania, home to an ethnic Hungarian community in 'Székely Land' that is pushing for a higher level of autonomy, and Slovakia, with its own significant Hungarian minority group, have also rejected the legality of Kosovo's secession from Serbia. Despite member states' differences regarding Kosovo's status, the Parliament affirms that it is vital for the EU to engage with Kosovo so that stability and security in the Western Balkans – the EU's immediate neighbourhood – can be preserved and built upon.
Prof. Dr  Wolfgang Schumann

17.11.08: Kosovo still opposed to EU police mission, PM says - 0 views

  • Pristina is still opposed to the compromise deal between Serbia, the European Union and the United Nations on the deployment of EULEX, the EU's police and justice mission in Kosovo, and its stance will not change, Kosovo's prime minister, Hashim Thaci, said on Sunday (16 November). "Kosovo will not change its position. It is the points of this plan that need to change. We have a state position and we will defend that position until the end," Mr Thaci was reported as saying by Serbian news portal B92.net.
  • Under pressure from Belgrade, the UN presented a revised six-point plan to Kosovo leaders last week, under which EULEX would be neutral regarding Kosovo's status and would enter the Serb-dominated parts of Kosovo. Pristina considers that the revised proposal clashes with its interests, however.
Prof. Dr  Wolfgang Schumann

06.08.09: Kosovo update - 0 views

  • This summer came 10 years since Nato stopped bombing Serbia. Agreement was made that Serb forces leave Kosovo and the province will be administrated de facto international protectorate by UN being however under sovereignty of Serbia (UNSC resolution 1244). So ten years has gone, the province declared independence and EU is now implementing its agenda after UN’s modest try – or better say failure. As my picture about Kosovo is much more negative than high flown UN/EU reports a small update about Kosovo case is justified.
Prof. Dr  Wolfgang Schumann

10.09.10: Kosovo Hails 'Victory' With UN GA Resolution - 0 views

  • Kosovo's government has declared a victory at the UN General Assembly after it adopted a resolution calling for talks between Pristina and Belgrade. Officials in Pristina said on Friday that the modified resolution supported by all the EU member states and the US was in "full harmony with the new reality in Kosovo". The modified document, agreed by Belgrade after two days of intense pressure from Brussels, excludes the issue of Kosovo’s status in future dialogue with Serbia.
  • But, not everyone in Kosovo saw the new resolution as a "done deal" with Serbia. Ibrahim Makolli, the vice president of the Kosovo’s opposition party, the New Kosovo Alliance, AKR, told Balkan Insight: “I don’t see any reasons why Kosovo’s government is euphoric in this event since it was not a participant in drafting this document.” Makolli said Serbia’s agreement with the EU on the resolution should worry Kosovo’s government. “Kosovo’s government needs to know what the promises are from the EU to Serbia for this compromise. In fact, they know, but they are silent,” he said.
Prof. Dr  Wolfgang Schumann

11.05.08: Serbs face their toughest electoral decision yet - 0 views

  • The Balkans country is engulfed in a bitter dispute over today’s election, which will determine whether it moves a step closer to EU membership, writes Tom Lynch.
  • ronically, perhaps the only consensus between Serbia’s political parties is that they all agree Kosovo should remain part of Serbia.Serbia is classified as a Potential Candidate Country by the EU, meaning that the EU recognises that Serbia will eventually join, once it is ready.On April 29, 2008, the EU signed the Stability and Association Agreement (SAA) with Serbia. The SAA is the first step on the road to EU membership, and also guarantees certain benefits - in the form of EU funding and trade liberalisation.In an added incentive, 16EUmember states have also offered visa-free travel for Serbian people.The agreement was pushed through, despite some members’ opposition, to counter the growing popularity of the nationalist Serbian Radical Party and New Serbia Party, and the overarching fear that Serbia might turn its back on the EU.The SAA will not come into force until Serbia arrests and hands over Ratko Mladiæ , former chief of staff of the Bosnian Serb army - who is wanted over the 1995 Srebrenica massacre - to the UN war crimes tribunal in The Hague, so it does not represent much of a real breakthrough. This has long been a sticking point in the EU-Serbia negotiations.
Prof. Dr  Wolfgang Schumann

27.11.08: UN approves EU Kosovo mission - 0 views

  • The United Nations Security Council on Wednesday (26 November) gave the green light to a plan by UN Secretary General Ban Ki-moon on the deployment of an EU civilian police and justice mission in Kosovo. Under the plan, the EU mission is to assume police, justice and customs duties from the UN, while remaining neutral regarding Kosovo's status and operating under the 1244 resolution that first placed Kosovo under UN administration in 1999.
  • Belgrade does not recognise Kosovo's independence and still considers it a part of its territory. It had fears that agreeing to EULEX deployment would imply silent recognition of the new situation. It had insisted that the EU mission be "status neutral," while on the other hand Pristina was angry at Belgrade's interference and insisted that as an independent state, it should take its own decisions. Despite the two sides' divergent positions, and Kosovo's persistent opposition to a six-point plan backed by Belgrade, an agreement was reached earlier this week that both Kosovo and Serbia would accept and co-operate with the EU mission.
Prof. Dr  Wolfgang Schumann

19.11.08: 'Balkan wars' move to UN court - 0 views

  • Battlefields are no longer the place to solve conflicts in the Balkans. In recent days and weeks, several bilateral conflicts involving countries in the region, which are also hindering their EU accession prospects, are moving to more dignified surroundings: the International Court of Justice at the UN.
  • Background: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.  The seat of the court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York .  The court's role is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies.  Although the UN International Court of Justice's opinion is advisory, without binding effect, it nevertheless remains that the authority and prestige attached to the court's advisory opinions, especially when the organ or agency concerned endorses that opinion, means that its decisions are often sanctioned as such by international law. 
  • In a very short timeframe, several conflicts between Balkan countries have been referred to the UN's highest court.  In the first of a recent string of lawsuits, Serbia tested the legality of Kosovo's unilateral declaration of independence before the Hague Tribunal in October (EurActiv 09/10/08), while on Monday (17 November), Macedonia instituted proceedings against Greece after its neighbour long-time foe had blocked its NATO bid over a name dispute (EurActiv 02/04/08).  Yesterday (18 November), Croatia won the right to sue Serbia for genocide after the court ruled that it had the legal power to decide on the case. In return, Serbia indicated that it would sue Croatia for war crimes. 
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  • Olli Rehn, the EU enlargement commissioner, recently expressed regret over this practice, adding that he would prefer to see bilateral issues solved in a bilateral framework (EurActiv 06/11/08). 
Prof. Dr  Wolfgang Schumann

01.09.10: Final agreement between Serbia and EU over Kosovo in Brussels? - 0 views

  • Serbia President Boris Tadic agreed yesterday with British Foreign Minister William Hague that ‘Brussels is the address at which a compromise over resolution that Serbia has filed to the UN General Assembly should be looked for’, ‘Blic’ learns from High Serbian source. The same source also says that Hague has not requested from Tadic directly that Serbia withdraws its resolution, but expressed doubt that a resolution can be amended.
Prof. Dr  Wolfgang Schumann

16.10.09: EU group of three to attack Kosovo statehood at UN court - 0 views

  • Three EU states will in a UN court case in December argue that Kosovo's 2008 declaration of independence was illegal. But EU officials say the judges' decision will not impact Kosovo's "irreversible" new status. Spain, Romania and Cyprus will join Serbia and Russia in giving anti-Kosovo depositions during hearings from 1 to 11 December at the UN's top legal body, the International Court of Justice in The Hague.
  • Spain, Romania and Cyprus together with Slovakia and Greece declined to recognise Kosovo's independence last year. But the group of three's involvement in The Hague procedure marks a shift from passive to active resistance against Kosovo statehood. With Germany, France, the UK, the Netherlands and the US set to make pro-Kosovo statements at the UN hearings, the verdict, which is expected in early 2010, could go either way.
Prof. Dr  Wolfgang Schumann

30.08.10: Serbia open to EU compromise on Kosovo - 0 views

  • Cracks in Serbia's long-uncompromising position on Kosovo appeared on the weekend as President Boris Tadic said his country is open to discussing a compromise over its UN General Assembly resolution. In July, following a ruling by the International Court of Justice that Kosovo's 2008 unilateral declaration of independence was not in violation of international law, Belgrade submitted a resolution with the General Assembly declaring "unilateral secession is not an acceptable way to solve territorial issues" and calling for a "mutually acceptable solution to all open issues".
  • Last week, German foreign minister Guido Westerwelle bluntly told Serbia: "Kosovar independence is a reality," and: "The map of southeastern Europe has been laid down and completed." He also suggested that Belgrade's acquiescence on this fact was necessary before Serbia could join the EU, despite five existing member states refusing to recognise the breakaway region.
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