Kosovo's Independence
Although the United States and the European Union has recognized Kosovo's independence, Canada is still dragging their heels on the issue. Apparently, some Canadians are worried about establishing a precedent for a unilateral declaration of independence by Quebec.
Kosovo's unilateral declaration of independence is a clear example of how powerless the federal government would be to stop Quebec from doing the same, according to influential Quebec City lawyer André Joli-Coeur.
Mr. Joli-Coeur, who 10 years ago made the same argument before the Supreme Court of Canada in the Quebec secession reference, said that should Ottawa recognize the declaration of independence of Kosovo, it will have difficulty refusing Quebec the same status should the province eventually declare its independence.
"The case of Kosovo clearly demonstrates that the essential factors in the creation of a state are the will of the population of the territory concerned and the attitude of the international community," Mr. Joli-Coeur stated in a letter to The Globe and Mail. "The predecessor state does not necessarily play a decisive role in such matters."
Mr. Joli-Coeuer brings up an interesting point. Is secession, or the declaration of independence, dependent only on the population of the territory and the international community? I can imagine that if a state were to secede from the United States, in today's times, it would have a reasonable chance at gaining approval of portions of the international community. But the United States, which has greatly angered Serbia with their recognition of Kosovo, would almost certainly be opposed.
On a related note, does this argue that the greatest failure of the Confederacy was to establish international recognition? Texas v. White would argue otherwise; it's not the international community's lack of recognition that mattered but that the Constitution does not allow for secession, period. However, wouldn't Serbia argue similarly that its constitution doesn't allow for secession? Perhaps someone who knows more about Serbian government can bring more information to the table.


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