"Serbia would win legal action over Kosovo"

Serbia has an excellent chance of winning a case against states recognizing Kosovo independence, says Thomas Fleiner.

Izvor: Tanjug

Monday, 11.02.2008.

11:59

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Serbia has an excellent chance of winning a case against states recognizing Kosovo independence, says Thomas Fleiner. The Serbian state team legal adviser for the Kosovo status process believes that Serbia would have an eighty percent chance of winning if it filed a lawsuit with The Hague-based International Court of Justice against countries that unilaterally recognized the province's independence. "Serbia would win legal action over Kosovo" “In the event of certain countries recognizing Kosovo independence unilaterally, Serbia has three options: to file a lawsuit with the International Court of Justice, arbitrage and negotiations,“ Fleiner said in an interview for the Belgrade daily Glas, adding that, from his point of view, the best solution would be if Belgrade filed a lawsuit with the Court in the Hague because, as he put it, he was a hundred percent sure that unilateral declaration and recognition of Kosovo independence represented a legal violation of UN Security Council Resolution 1244. “I know some experts who claim that Serbia would win such a case, and I know some who claim it would not, but I believe that it has an 80 percent chance of victory,“ said Fleiner, who is also a director of the Institute of Federalism in Fribourg, Switzerland. He said that in the case of arbitrage, Serbia and any country recognizing independence, would agree for a third party that they both had confidence in—an arbitrage committee or a court—to rule on the matter. Such a body’s task would be to decide who was in the right. That option, as well as negotiations, are unlikely, says the legal adviser. “Serbia’s main argument is a legal argument, and the whole matter of Kosovo independence must be placed on legal grounds. That’s the key to success,” explains Fleiner. Glas reiterates that President Boris Tadic has warned that Serbia will launch proceedings against all countries that recognize Kosovo independence, claiming that this is only one of the points of the recently adopted government Action Plan for possible courses of action in the event of a unilateral independence declaration.

"Serbia would win legal action over Kosovo"

“In the event of certain countries recognizing Kosovo independence unilaterally, Serbia has three options: to file a lawsuit with the International Court of Justice, arbitrage and negotiations,“ Fleiner said in an interview for the Belgrade daily Glas, adding that, from his point of view, the best solution would be if Belgrade filed a lawsuit with the Court in the Hague because, as he put it, he was a hundred percent sure that unilateral declaration and recognition of Kosovo independence represented a legal violation of UN Security Council Resolution 1244.

“I know some experts who claim that Serbia would win such a case, and I know some who claim it would not, but I believe that it has an 80 percent chance of victory,“ said Fleiner, who is also a director of the Institute of Federalism in Fribourg, Switzerland.

He said that in the case of arbitrage, Serbia and any country recognizing independence, would agree for a third party that they both had confidence in—an arbitrage committee or a court—to rule on the matter.

Such a body’s task would be to decide who was in the right. That option, as well as negotiations, are unlikely, says the legal adviser.

“Serbia’s main argument is a legal argument, and the whole matter of Kosovo independence must be placed on legal grounds. That’s the key to success,” explains Fleiner.

Glas reiterates that President Boris Tadić has warned that Serbia will launch proceedings against all countries that recognize Kosovo independence, claiming that this is only one of the points of the recently adopted government Action Plan for possible courses of action in the event of a unilateral independence declaration.

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