Valid Agreement With Belgrade, So Republic of Kosovo Will Be Recognized by UN


Not only politics, but and the philosophical terms of the daily life consist into compromise and mutual agreement of the people, otherwise these two concepts constitute an abstraction , anarchy and conflict as in the narrow sense, also in a wide one.

In principle we agree that official Prishtina and Belgrade to have good political, economic and diplomatic reciprocal neighboring relationships as two equal states and as two equal subjects of the international law. Without meeting of these elementary conditions any reached agreement between Kosovo and Serbia, will not have any legal effect, factual and useful practical and justifiable for either side in negotiations.

But in fact, even without meeting these basic above mentioned conditions , Belgrade and Pristina in Brussels, have reached agreement on the normalization of interstate relations on April 19, 2013, signed by the Prime Minister of the Republic of Kosovo Hashim Thaci, prime minister of the government of the Republic of Serbia, Ivica Dacic, mediated by Catherine Ashton (representative of the Foreign Policy and Security of the European Union-representative of the Union for Foreign Affairs and Security Policy for the European Union.”

Why dialogue with Belgrade again?

Given that the Brussels Agreement (19 April 2013) is reached without legal basis of international law, then, right question is, why and for what must, to continue officials negotiations with Belgrade, when, already, the Serb minority settlers in the north of Kosovo, have emerged in Kosovo’s parliamentary elections on June 8, 2014, were represented in the government and in parliament, this means that they have recognized Kosovo as a state of its own. Also, this means that now is closed political conflict with the Serb minority in Northern Kosovo.

Realistically, and always taking into account the historical right, legitimate and legal right as well the Constitution of Republic of Kosovo on its territory, likewise the international law, government and parliament of Kosovo, urgently, need to put in their national “agenda” the review of the Brussels Agreement of 19 April 2013, in order to be suspended one because it puts into doubt and question the status of independence and sovereignty of the Republic of Kosovo (February 17, 2008). This means there is no need to continue formal negotiations with Belgradewhile Kosovo is not recognized by the United Nations.

So, all political leaders-heads of state institutions of the Republic of Kosovo, should be clear that, even in a political sense or in the international legal one, cannot conclude to any peace treaty with Serbia, while she does not know in advance the Republic of Kosovo and, while not changing its Constitution of 2006 which in its preamble states that “Kosovo is a province of Serbia”.

Therefore, this is the main reason why we should not to talk about any tips of agreement, nor signed it with official Belgrade authorities , because it has to do with two unequal countries in the legal sense of the international law (because Kosovo still is not recognized by the United Nations, i.e. not yet been subject of the international law). Under the rules, norms and principles of international law, only the independent and sovereign states as subjects of international law, have the right to enter into bilateral or multilateral treaties. Thus stated, the Vienna Convention (1969) in which only states-subjects of international law have the right to conclude treaties or agreements with binding contracting capacity (Treaty Making Capacity).

Although the Brussels Agreement (19 April 2013), was ratified by the Parliament of Kosovo, it does not constitute any legal obligation enforcer element, but there is only political character of goodwill for both parties hereto. In a word it is a political agreement (Gentlemen’s Agreement) without international treaty based on international law, which unjustifiable in international legal terms, even in the practice of international relations.

So, how long Serbia will challenge the independence of Kosovo?

Neither Hashim Thaci, Albin Kurti nor someone else of the Albanian political leaders in Kosovo cannot rejoice ongoing dialogue with Belgrade, because its deep political, diplomatic and geopolitical background is return back (step by step) the Republicof Kosovounder colonial Serbia(1912-1999).

Therefore, official politics and diplomacy of Pristina, first, should be sought from America and the EU, they exert pressure on Serbia, in order to recognize the independent Republic of Kosovo, not to jump into the race Kosovo’s political leaders, who will lead the dialogue with Serbia, which has “designed” and proposed Belgrade itself, which imposed to EU and Kosovo government and parliament.

Any agreement, which Kosovo would be reached with Serbia, it’ll be focused on territorial partition, which it means reviving the ambitions of colonial and neo-colonial claims of Serbia towards Kosovo’s independent and sovereign territory.

So the continuation of previous political dialogue or conluding of any eventual agreement between Pristina and Belgrade, as it persist Serbia under the patronage and with the “blessing” of the EU, would lead to the risk that Kosovo for many years will be remained out of the Organization United Nations, which means without legalinternational subjectivity of the international law.

Mehdi Hyseni is an Albanian Ph.D. in International Political Relations, residing in Boston.