In September 2020, the General Court of the European Union (GCEU) examined whether the 2019 admission of Kosovo as a ‘third country’ to the EU Body of European Regulators for Electronic Communications (BEREC) amounted to recognition by the EU of Kosovo as an independent State. The case was brought by Spain, a non-recogniser of Kosovo, against the Commission, who had decided on the admission of the National Regulatory Authority (NRA) of Kosovo to BEREC. As I reported here in 2020, the GCEU had found that the concept of ‘third country’ within the meaning of the EU law could not be equated with that of ‘third State’. The GCEU found that the “concept of ‘third country’ [had] a broader scope which [went] beyond sovereign States alone, with the result that Kosovo [was] capable of falling within it, without prejudice to the position of the European Union or its Member States as regards the status of Kosovo as an independent State”. (para 36) According to the GCEU, “the provisions…
Kosovo
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Plea Negotiations on Reparations at the Kosovo Specialist Chambers
Rule 94(2)(c) of the Kosovo Specialist Chambers (KSC) Rules of Procedure and Evidence (RPE) provides that written plea agreements can be reached between the Specialist Prosecutor (SP) and the Defence on reparations. The Rule adds an additional layer of complexity to the controversial but gradually consolidating use of plea negotiations as a procedural tool in…
Setting the Cat amongst Pigeons: Kosovo’s Application for Membership of the Council of Europe
Kosovo is one of the few places in Europe not party to the European Convention on Human Rights due to a legacy conflict with Serbia. Kosovo declared independence in 2008 after a bloody war followed by a period of international administration, but this is strongly disputed by Serbia which claims exclusive sovereignty over the entire territory. The conflict…
Recognition
Tonight President Putin gave a long televised speech announcing the Russian Federation’s recognition of the separatist Donetsk and Luhansk republics in Eastern Ukraine as independent states. He also announced the signing of treaties of friendship and assistance with the two supposed newly independent states. This probably took place earlier in the…
The Luxembourg Court Rules on the Difference between States and Countries as International Law Actors
On 23 September 2020, the General Court of the European Union (GCEU) in Case T-370-19 Kingdom of Spain v. European Commission rendered a judgment that will surely become an important footnote in any textbook of public international law dealing with treaties and subjects. In this case, the GCEU ruled, among others, on whether certain acts…