The Relevance of the Right to Self-determination in the Kosovo Matter: In Partial Response to the Agora Papers

In response to the first three articles that appeared in the Agora on Kosovo, this paper argues that there is a right of unilateral secession based on the right of external self-determination. According to the authors, the latter right is applicable outside a colonial context, in limited circumstances resembling the colonial paradigm. Modern customary international law provides the legal basis for a right of "remedial secession", an argument that is supported by relevant State and institutional practice. After having discussed the conditions of this right and its legal basis, the authors apply their findings to the Kosovo case, in order to answer the question whether the Kosovo Albanians had a right of unilateral secession under international law.