Self Declaration or Self Determination: A Comparative of Kosovo and Turkish Republic of Northern Cyprus

Abstract

This paper will explore the various interpretations of the criteria of becoming a state as listed in the Montevideo treaty with particular focus on how it relates to the formation and recognition of Kosovo and Turkish Republic of Northern Cyprus. The writings of Richard Caplan, Roselyn Higgins, literature reviews of academic journals and opinions of experts in the field will be explored. There are variants of recognition such as de facto or de jure that are applicable to a state or government seeking recognition. The purpose, circumstances and the organisation from which they seek such recognition will determine the status they are accorded. The conditions for seeking recognition from the United Nations, States and other international organisations will be analysed to determine if state recognition is an international obligation or a choice which other states exercise. The use of recognition as a tool for conflict management as experienced in the defunct Former socialist republic of Yugoslavia will also be examined with the use of relevant case laws, and reports to draw conclusion from the entire discussion.