Una mia lettera all'Economist dell'ottobre 2005 sulla questione del Kosovo resta ancora attuale per comprendere i rischi e le problematiche future che ha innescato la nascita del nuovo Stato:
"According to public international law, there is no right to unilateral secession from a sovereign state. From time immemorial, the international community has strongly protect the territorial integrity and the inviolability of the borders, other than by mutual agreement. In one word: the stability of the international order. Although the principle (and the right later, with the relative obbligation upon the colonial countries) of self-determination of peoples was codified in the UN Charter, the application was limited to the context of decolonization within the inherited national border (uti possidetis iuris, the principle of respect for frontiers existing at the moment of independence). The rigth to self-determination amount to a 'special' independence, and the beneficiaries are peoples "geographically separate and distinct ethnically and/or culturally from the colonial power".
The end of the Cold War changed state practice with regard to recognition states created by the "dissolution" (not secession from...) of the Soviet Union and Yugoslavia, two federal states. The (constitutive) recognition by the European Community was more a matter of political discretion subject to several conditions than the traditional declaratory type based on the effective control of the territory. Kosovo ("The wheels grind on", October 8th) was sub-federal province of the SFRY and now is formally a part of Serbia and has the right of self-determination only internally. In other words: a "self-governing" entity enjoy of all rights upon minorities (as opposed to "peoples") within serbia sovereignty, the constituent part of a federal state. Granting Kosovo independence tout court, it will be a dangerous precedent/opportunity for the international community/secessionist movements in the time to come."
Nessun commento:
Posta un commento