Democratization without a state: Democratic regime-building in Kosovo

Democratization

Volumn 14, Issue 1, 2007, Pages 129-150

  Tansey, Oisín ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

DEMOCRACY; DEMOCRATIZATION; POLITICAL CHANGE; POLITICAL DEVELOPMENT;

EURASIA; EUROPE; KOSOVO; SERBIA; SOUTHERN EUROPE;

EID: 34347341819     PISSN: 13510347     EISSN: 1743890X     Source Type: Journal    
DOI: 10.1080/13510340601024355     Document Type: Article

References (87)

1. Max Weber, Economy and Society: An Outline of Interpretive Sociology edited by Guenther Roth and Claus Wittich (Berkeley, CA: University of California Press, 1978), Vol. 1, p.54.
2. See Margaret Levi, 'The State of the Study of the State', in Ira Katznelson and Helen V. Milner (eds), Political Science: The State of the Discipline (New York: W.W. Norton, 2002)
3. Andrew Vincent, 'Conceptions of the State', in Mary Hawkesworth and Maurice Kogan (eds), Encyclopedia of Government and Politics, Vol. 1 (London: Routledge, 1992).
4. See, especially, Dankwart Rustow, 'Transitions to Democracy: Toward a Dynamic Model', Comparative Politics, Vol. 2, No. 3. (1970), pp.337-63
5. Guillermo O'Donnell, 'On the State, Democratization, and Some Conceptual Problems: A Latin American view with Glances at Some Postcommunist Countries', in Guillermo O'Donnell, Counterpoints: Selected Essays on Authoritarianism and Democratization (Notre Dame, IN: University of Notre Dame Press, 1999), pp. 133-58.
6. Juan J. Linz and Alfred Stepan, Problems of Democratic Transition and Consolidation: Southern Europe, South America and Post-Communist Europe (Baltimore, MD: The Johns Hopkins University Press, 1996)
7. Francisco E. González and Desmond King, 'The State and Democratization: The United States in Comparative Perspective', British Journal of Political Science, Vol. 34, No. 2 (2004), pp.193-210.
8. The term 'stateness', for example, has been used to refer to quite distinct aspects of the state. Compare the use in Linz and Stepan (note 3)
9. which emphasizes the boundaries of the territory and the membership of the political community, with the use in González and King (note 3), where the term is defined in terms of the legal order, bureaucracy and ideology of the state.
10. This strategy is similar to that of Stephen Krasner, who has sought to clarify ambiguities concerning the concept of sovereignty by disaggregating it into four constituent elements. See Stephen D. Krasner, Sovereignty: Organized Hypocrisy (Princeton, NJ: Princeton University Press, 1999).
11. Linz and Stepan (note 3), p.18.
12. See Laurence Whitehead, 'Freezing the Flow: Theorizing about Democratization in a World in Flux', Taiwan Journal of Democracy, Vol. 1, No. 1 (2005), pp.4, 6.
13. O'Donnell (note 3), pp.135-7.
14. González and King (note 3), p.193.
15. Linz and Stepan (note 3), p.29.
16. Rustow (note 3), p.350.
17. For an analysis of the international dimensions to the conflict, see Richard Caplan 'International Diplomacy and the Crisis in Kosovo', International Affairs, Vol. 74, No. 4 (1998), pp.745-61.
18. United Nations, Security Council Resolution 1244, 10 June 1999.
19. Military-Technical Agreement between the International Security Force (KFOR) and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia, 9 June 1999.
20. See Richard Caplan, Europe and the Recognition of New States in Yugoslavia (Cambridge: Cambridge University Press, 2005).
21. See Charles King, 'The Benefits of Ethnic War: Understanding Eurasia's Unrecognized States', World Politics, Vol. 53, No. 4 (2001), pp.524-52
22. Scott Pegg, International Society and the De Facto State (Aldershot: Ashgate, 1998).
23. Gerardo L. Munck, 'Disaggregating Political Regime: Conceptual Issues in the Study of Democratization', Working Paper No. 228, The Helen Kellogg Institute for International Studies, University of Notre Dame, 1996.
24. UN Security Council Resolution 1244, S/RES/1244, 10 June 1999.
25. For more details on the structure of the mission, see United Nations, 'Report of the Secretary General Pursuant to Paragraph 10 of Security Council Resolution 1244' (1999), S/1999/672, 12 June 1999.
26. United Nations, 'Report of The Secretary-General On The United Nations Interim Administration Mission In Kosovo', S/1999/779, 12 July 1999.
27. International Crisis Group, 'Kosovo: Toward Final Status', Europe Report No. 161, 24 January 2004.
28. International Crisis Group, 'Kosovo After Haradinaj', Europe Report No. 163, 26 May 2004.
29. The exception to this was the non-participation of the Serb member, who initially left the JWG and was replaced only at the final stages.
30. Author interviews with former Kosovo Albanian JWG members, Pristina, April 2005.
31. The presidency was later increased to eight members when the results of the 2001 elections gave the Serbs a larger presence in the assembly than expected. The strength of the support for the Serb coalition meant the AAK were pushed into fourth place and lost out on automatic representation in the Assembly presidency. The Constitutional Framework was amended to enable the AAK leader Ramush Haradinaj to join the Presidency. See UNMIK Regulation 2002/9, 'On an Amendment to the Constitutional Framework for Provisional Self-Government', 3 May 2002
32. The 'other communities' in Kosovo as outlined in the Constitutional Framework include the Roma, Ashkali and Egyptian (RAE) communities, the Bosniak community, the Turkish community and the Gorani community.
33. See Blerim Reka, UNMIK as an International Governance with Post-War Kosova; Nato's Intervention; UN Administration And Kosovar Aspirations (Shkup, Prishtinë, Tiranë: Logosa, 2003), p.244.
34. Author interview with senior UNMIK official, April 2005.
35. UNMIK Regulation 2001/9, 'On A Constitutional Framework for Provisional Self-government in Kosovo', 15 May 2001.
36. See 'Haekkerup Signs Constitutional Framework', UNMIK Local Media Monitoring, 16 May 2001, available at http://www.unmikonline.org/press/ 2001/mon/lmm160501.html
37. See Tim Judah, Kosovo: War and Revenge (New Haven, CT: Yale University Press, 2000), pp.68, 146.
38. Carrie Manning, 'Elections and Political Change in Post-war Bosnia and Herzegovina', Democratization, Vol. 11, No. 2 (2004), pp.60-86.
39. Andrew Taylor, 'Electoral Systems and the Promotion of Consociationalism in a Multi-ethnic Society: The Kosovo Assembly Elections of November 2001', Electoral Studies, Vol. 24, No. 3 (2005), pp.435-63.
40. Richard Caplan, International Governance of War-Torn Territories (Oxford: Oxford University Press, 2005), p.122.
41. United Nations, 'Report of the Secretary General on the United Nations Interim Administration Mission in Kosovo', S/2000/1196, 15 December 2000, p.2.
42. International Crisis Group, 'Kosovo: Landmark Election', Balkans Report No. 120, 21 November 2001.
43. UNMIK-FRY Common Document, 5 November 2001, available at http://www.mfa.gov.yu/Policy/Priorities/KIM/unmik_e.html (accessed on 19 October 2006).
44. 'Constitution Watch: Yugoslavia', East European Constitutional Review Vol. 11, Nos. 1/2 (2002), p.57.
45. Author interview with former UNMIK official, Oxford, February 2005.
46. Michael Steiner Press Conference, 28 February 2002, available at http://www.unmikonline.org/press/2002/trans/tr280202.htm
47. 'Agreement on the President and Government of Kosovo', Pristina, 28 February 2002, available at http://www.intstudies.cam.ac.uk/centre/cps/ documents_Kosovo_PandG.html (accessed 19 October 2006).
48. In the Assembly elections of 2004, a fourth significant party emerged, ORA (meaning 'hour'). The party was led by newspaper publisher Veton Surroi and gained 6.2 per cent of the vote.
49. These standards have become increasingly well specified over time. See, in particular, UNMIK, 'Kosovo Standards Implementation Plan', 31 March 2004, available at http://www.unmikonline.org/pub/misc/ksip_eng.pdf (accessed on 19 October 2006).
50. For more on this approach in Kosovo, and on similar efforts in other statebuilding missions to apply new 'standards of civilization', see Dominik Zaum, The Sovereignty Paradox: The Norms and Politics of International Statebuilding (Oxford: Oxford University Press, 2007, forthcoming).
51. González and King (note 3), p.196.
52. See Carrie Manning 'Local Level Challenges to Post-conflict Peacebuilding', International Peacekeeping, Vol. 10, No. 3 (2003), pp.25-43.
53. United Nations Development Programme, 'Assessment of Administrative Capacity in Kosovo', April 2005, available at http://www.kosovo.undp.org/ Projects/KCAP/KCAP_report_final_20050525_english.pdf (accessed on 19 October 2006).
54. Author interview with National Democratic Institute (NDI) official, Pristina, April 2005.
55. OSCE, 'Implementation of Kosovo Assembly Laws by the Executive Branch of the Provisional Institutions of Self-government: Laws Promulgated in 2002-2003', January 2005, available at http://www.osce.org/documents/mik/ 2005/01/4099_en.pdf (accessed on 19 October 2006).
56. Author interview with NDI and OSCE officials, Pristina, April 2005.
57. OSCE, 'JIAS Employment Survey: Results Report', 12 November 2001, available at http://osce.org/ documents/mik/2001/11/1240_en.pdf (accessed on 19 October 2006).
58. OSCE, 'Parallel Structures in Kosovo', October 2003, available at http://www.osce.org/documents/mik/2003/10/698_en.pdf (accessed on 19 October 2006).
59. See the findings of the UN progress report, 'A Comprehensive Review of the Situation in Kosovo', S/2005/635, 7 October 2005.
60. Michael E. Hartmann, 'International Judges and Prosecutors in Kosovo: A New Model for Post- Conflict Peacekeeping', USIP Special Report No. 112, October 2003.
61. OSCE, 'The Response of the Justice System to the March 2004 Riots', December 2005, available at http://www.osce.org/documents/mik/2005/12/ 17177_en.pdf (accessed on 19 October 2006).
62. UN (note 52).
63. International Crisis Group, 'Collapse in Kosovo', ICG Europe Report No. 155, 22 April 2004.
64. Ibid.
65. OSCE (note 54).
66. Caplan (note 34), Ch.4.
67. Linz and Stepan (note 3), Ch.2.
68. See OSCE, 'Tenth Assessment of the Situation of Ethnic Minorities in Kosovo', March 2003, available at http://www.osce.org/documents/mik/2003/ 03/903_en.pdf (accessed on 19 October 2006).
69. For public opinion survey results, see UNDP (United Nations Development Programme), 'Early Warning Report: Kosovo', No. 9, January-March 2005 (and earlier reports).
70. Alexandros Yannis, 'The UN as Government in Kosovo', Global Governance, Vol. 10, No. 1 (2004), pp.67-81.
71. Linz and Stepan (note 3), p.27.
72. The Contact Group comprises of the United States, Russia, the United Kingdom, France, Germany, and Italy.
73. Contact Group, 'Guiding principles of the Contact Group for a settlement of the status of Kosovo', available as annex to UN document S/2005/709, 10 November 2005.
74. For further discussion of these, and other criteria that have been suggested, see James Crawford, The Creation of States in International Law (Oxford: Clarendon Press, 2006), especially Ch.2.
75. For further discussions of Kosovo with reference to the international legal criteria for statehood, see Michael Redman, 'Should Kosovo be Entitled to Statehood?', Political Quarterly, Vol. 73, No. 3 (2002), pp.338-43.
76. Marc Weller, 'The Self-determination Trap', Ethnopolitics, Vol. 4, No. 1 (2005), pp.3-28.
77. Tim Judah, 'Kosovo's Moment of Truth', Survival, Vol. 47, No. 4 (Winter 2005-06), pp.73-84.
78. See Caplan (note 15), Ch.1. Croatia, Slovenia and Bosnia were each recognized as states during 1992 and Macedonia was widely recognized in 1993.
79. This quote is taken from an opinion of the Badinter Commision, which was established in 1991 by the then European Community (EC) to resolve legal questions arising from the crisis in Yugoslavia. The opinion was used by EC leaders to argue that they were not supporting secession, but rather acknowledging the breakdown of a state. Kosovo was not recognized at this time as the Badinter Commission recommended that only the six republics of Yugoslavia had the right to self-determination.
80. See ibid, Ch.2.
81. Weller (note 69), p.23.
82. The Independent International Commission on Kosovo was established in 1999 at the initiative of the government of Sweden, and was tasked with analysing the Kosovo conflict, the international response, and Kosovo's future status. It was comprised largely of jurists and academics.
83. Independent International Commission on Kosovo, The Kosovo Report: Conflict, International Response, Lessons Learned (Oxford: Oxford University Press, 2000), p. 274.
84. See Judah (note 70).
85. UN (note 52).
86. See also Nicholas Wood, 'Kosovo May Soon Be Free of Serbia, but Not of Supervision', New York Times, 2 November 2006.
87. See Robert Jackson, Quasi-States: Sovereignty, International Relations and the Third World (Cambridge University Press, 1990).