Sovereignty in Dispute or Conclusion of a Dissolution? The Sui Generis Case of Kosovo in the International System

Abstract

Kosovo’s 2008 unilateral declaration of independence (UDI) precipitated a sharp normative conflict between the foundational principles of territorial integrity and the self-determination of peoples. This article examines the legality and legitimacy of Kosovar statehood, determining whether it constitutes a secessionist precedent or a sui generis case of state dissolution. Adopting a qualitative, hypothetical-deductive approach grounded in bibliographic and documentary analysis of primary and secondary sources, the study contrasts official legal positions submitted to the International Court of Justice (ICJ), specifically those of Brazil and Kosovo. It demonstrates that the ICJ's advisory opinion, by focusing strictly on the legality of the act of declaration, validated the thesis that general international law does not prohibit such proclamations. Beyond legal validation, the article argues via the Declaratory Theory that Kosovo meets the factual criteria of a functional state. This is evidenced by its capacity to internalize international criminal law and its willingness to prosecute former high-ranking leaders, confirming its institutional maturity as the inevitable conclusion of Yugoslavia's dissolution.