Kosovo statehood beyond the ICJ's Advisory Opinion

The article evaluates the realities of Kosovo statehood. First, it conducts an analysis of the criteria for statehood and the legal debate around them, especially for what concerns the role of recognition. Then, it examines the changes in the factual situation produced after the unilateral declaration of independence and as a consequence of it. The factual activity of other States is especially relevant to the external representation. The analysis conducted on the external side seems to confirm the independence of Kosovo in its international dealings. On the contrary, on the internal side, because of the international presence on the territory, it is still open to question whether Kosovo satisfies the criterion of effective governmental control, not dependent on any external authority. The analysis is not conclusive as to whether the amount of indicators collected is enough to affirm that Kosovo has attained statehood. Nevertheless it should be affirmed that the situation is crystallizing. This would support a third way between the two traditional doctrinal options to statehood, the one based on effectiveness and the one based on legality. According to this theory, international law would impose some due process standards in the (still factual) process of creation of new States.