| On February 17, 2008, Kosovo announced unilaterally is separated from the Serbian Republic, but this bold action, will give the area safe and even the international order brings the deep transformation and the influence, thus the response are different to Kosovo's independent for different country. Countries and so on Russia, Spain and Indonesia indicated firmly opposes Kosovo to be independent, But more than 20 countries, including American, Japanese and the European major country's, has actually given the official acknowledgment. As for other countries, like Chinese, Sweden, Canadian and the majority of Arab nation holds the prudent attitude of wait and see, has not made any expression, is only appeals Kosovo and Serbia to negotiate for settling this question. Kosovo independent had not determined unilaterally its final status, instead, has brought newly"the final status", namely acceptance question .in international law its independence already destroyed the international law order seriously, and has caused many questions in international law. The author has traced Kosovo's history, inquired into its independent reason, and international law several questions which involved on its independence has made the related elaboration. This article divides into four chapters.The first chapter is the origin of Kosovo question historical. the Kosovo question's root is the ethnic conflicts which the history leaves behind. In the history Kosovo's ancients are Liya person in the Balkan Peninsula Iraq, this is Albanian and Serb's altogether consanguineous source. Ottoman Empire entered the Kosovo area in the 14th Century, in order to carry out Islamism, adopted to the local resident has believed in Islamism to give favored treatment policy. The Serb who and the Albanian lives in here adopted the entirely different choices, the Albanian could not hand over tax revenue situation, changed own belief, has accepted Islamism, became the Muslim believer. But the Serb chose another kind of resisting way, they are already not to lose own belief, also did not pay taxes---Far away from their homeland, maintained their own religious belief. Therefore, the population grown fast in Albanian, to 1910, they accounted for population 60%, but the Serb, the Turk and the Bulgarian accounted for 40%. The Ottoman Empire will cause Albanian nationality Muslim to Muslim's giving favored treatment to with the support policy to believe the Eastern Orthodoxy nationality's discrimination to Serbia, the Serb will change to the Albanian person body to Ottoman Empire's all hatred, the nationality will be hostile to mood to deepen unceasingly.In 1912, the Balkan Country alliance overthrew Turkey's rule, Serbia has annexed Kosovo. After World I, Kosovo's majority of lands have given Serbia and Montenegro once more, has merged the Yugoslavian empire. After the World War II ended, Kosovo has become autonomous province in Serbian Republic. For several dozens of years, the Albanian have not been able to realize the independent founding of the nation desire. On the contrary, the Serbian further intensifies to ethnic Albanian's suppression policy cause ethnic conflicts.To alleviate the ethnic conflicts, in 1974, Yugoslavian new constitution entrusted with Kosovo the widespread autonomy, Kosovo therefore enjoys the right which was almost the same as the Republic, but the Albanian was still unsatisfied. Afterward between the Arab League armed conflict has become the related country military intervention excuse. NATO bombed Yugoslavia after 1999, the Kosovo question returned in United Nation's jurisdiction. The UN Security Council adopted the 1244th resolution, causes Kosovo to be under United Nation's trust. Since the United Nations has been beginning to solve the Kosovo problem positively, but on February 17, 2008, Kosovo actually tears the UN Security Council 1244th resolution and declared independence, this behavior has caused some international law problems.The second chapter is one of the problem for Kosovo independent - - the legal effect problem for the United Nations resolution .The United Nations takes the worldwide basis important international politics organization, its Principal organ's resolution, for example, the United Nations General Assembly's resolution, not only has the significant influence in the international politics, but also has the vital significance in the international law. United Nations General Assembly's resolution"had reflected countries' government's wish, is the world opinion accumulation and the centralism expresses, has enormous political influence. Specially these directly about legal matter's resolution, it would affect the production of the international custom, because they represent one kind of universal general character legal faith, may take the powerful evidence as international custom. They have some functions, for example, exposition, confirmation in varying degrees or announcement the international law principle and rule. The Security Council as United Nation's core institution, regarding the threaten peace, the wreck peace and the aggressive act rests on the Charter of the United Nations may make has the binding force decision, its function is the maintenance international peace and the security. the 1244th resolution are precisely in Security Council function scope one item take defends the territorial sovereignty completely, the full assurance of human rights as the goal resolution, its legal effect is without a doubt. Therefore, the Kosovo declared independence, didn't attend to the 1244th resolution ,was a behavior which violated international law, should receive firm resisting and the sanction of the international society and various sovereign state.The third chapter is another international law problem for Kosovo independent - - rights exertion of self-determination.First, as a basic principle, is the processing international relations criterion, but non-solution domestic ethnic relations principle. Must want to cause it to become the solution domestic ethnic relations a principle, must carry on the softening treatment to it, causes it to become the national autonomy, lets the corresponding nationality, in does not seek the sovereignty in the situation, enjoys the high autonomy in certain scope. Next, does as a temporary measure to the national self-determination understood generally that was not equal to the international law has established either encourages in the present sovereign state the national minority, the indigenous inhabitant or the tribe enjoys naturally is separated from the power. The self-determination right historical mission is autonomy, but non-separation power. The national autonomy load bearing's main body should not be in a national different nationality (nationality), but should refer to the right of self-determination generalized meaning"the nationality"(nation), namely should be in national entire people. If Kosovo wants to be independent, must through the referendum in the true sense, defer to own real wish decision by Serbia's all people.The fourth chapter is the third international law problem of Kosovo independent - - national status's confirmation.The national status's confirmation should grasp three standards: 1. separates the claim independence from the motherland to probably have the motherland agreement or the default, this is it obtains the national status and other international law main body acknowledgment premise. 2. The national status's confirmation must be in conforms to above the international law basic principle foundation to be able to realize. 3. cannot"the democracy","the human rights"and so on standards take the present stage confirmation country status the principle. Should Kosovo's status obtain the confirmation, this must synthesize the rule which the national status confirmed to come to recognize. First, it belongs to the situation which separates from the motherland. This kind of situation should obtain the motherland the express consent or the default, but the fact happen to is just the opposite. Next, Kosovo has violated the international law basic principle independently, namely sovereignty principle and national self-determination principle. In the international law right of self-determination is autonomy, but separates the power. The Kosovo question's essence is in the international law's separation problem, therefore Kosovo has no right to position the right of separation, has no right to request the third country to conform the acknowledgment.
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