Why is Kosovo not a member of the EU or UN?

Similarities, Differences and a Possible Relationship Between the United Nations Membership and the European Union Membership

Case Study: Kosovo

Comparative Analysis of the United Nations Membership Requirements and the European Union Membership Requirements

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Simona Urbaničová

1 vlog

Research question

What are the similarities and differences between the UN Membership Requirements and the EU Membership Requirements?

Abstract

On February 17, 2008, Kosovo unilaterally declared its independence from Serbia. To this date, Kosovo is recognised by 114 countries, including the majority of EU Member States and NATO Member States. However, Kosovo is neither a member of the UN nor the EU. So, what makes Kosovo ineligible for the UN and the EU membership? What prevents Kosovo from joining these two organisations? The research paper focuses on the similarities, differences and a possible relationship between the United Nations Membership and the European Union Membership. The substantive requirements of both memberships were comparatively analysed while the conclusions were demonstrated on a case study of Kosovo.

1. D. Fierstein, ‘Kosovo’s Declaration of Independence: An Incident Analysis of Legality, Policy and Future Implications’ (2008) 26 Boston University International Law Journal 417, 422.

2. UNSC Res 1244 (10 June 1999) UN Doc S/RES/1244. [1] See for example, The Declaration of Independence of Kosovo of 17 February 2008 adopted by Assembly of Kosovo; or Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion [2010] ICJ Rep 403; on unilateral secession in general see A. Pavković,

3. ‘Recognition of Unilateral Secession’ in G. Visoka, J. Doyle and E. Newman (Eds.), Routledge Handbook of State Recognition (Routledge, 2019); on the question of whether a State may successfully emerge as a result of unilateral secession (case study: Kosovo) see J. Vidmar, ‘Territorial Integrity and the Law of Statehood’ (2012) 44 George Washington International Law Review 697, 734-742.

4. The Ministry of Foreign Affairs of the Republic of Kosovo, ‘International Recognitions of the Republic of Kosovo’ < https://www.mfa-ks.net/en/politika/483/njohjet-ndrkombtare-t-republiks-s-kosovs/483 > accessed 4 December 2020.

5. Article 4(1) of the UN Charter.

6. Article 1 of the 1933 Montevideo Convention.

7. Article 49 TEU.

8. See European Commission, Europe and the Challenge of Enlargement, Bulletin of the European Communities (1992) Supplement 3/92, 7; as well as the Declaration on European Identity published in Conclusions of the European Summit in Copenhagen of 15-16 December 1973.

9. See Conclusions of the Presidency by the European Council in Copenhagen of 21-22 June 1993