Serbia and Kosovo as the EU and Hong Kong?

A statement that the legally binding document, which Serbia must sign before joining the EU, does not imply recognition of Kosovo, has given a look at that question. Constatement by European Parliament President Antonio Tayan, however, has not resolved any dilemma over the document. And there are few of them, including [...]
Constatement by European Parliament President Antonio Tayan, however, has not resolved any dilemma over the document.
And there are few of them, including the question of whether there is already a framework for this document, perhaps a working text for which the EU member states will initially be harmonised, then which is the form in international law, what exactly does this regulation mean in Belgrade's relations with Pristina, what the content, the purpose...
“Such a legally binding act is not common in international practice, but this form of recursive when having mutual interest,” has told “Tanjug” international law professor at the Faculty of Political Sciences Vesna Djordjevic Predzic.
That is, as stated by the European Parliament Speaker's statement and Serbian officials concluded that Belgrade and Pristina seek to reach a solution that would ensure their stability of bilateral relations and influence the stability of the region, reports “b92”, Periscopi broadcast.
Djordjevic Predzic stresses that international law recognises different forms of mandatory documents, and an international treaty is one of them.
The agreement between the two or more parties on one issue can be noted is expressed in other ways, such as the exchange of unilateral statements.
According to her, the form is not as important as reaching consensus on the core of the solution.
If the consent had the form of an agreement, it does not necessarily mean recognition of Kosovo by Serbia,” said prof. Djordjevic.
International law, that agreements between sovereign states and those without such status set the example of the EU agreement with Hong Kong, which, she says, do not prejudge recognition of Hong Kong as a state.
For example, the EU has linked a Stabilisation and Association Agreement with Kosovo, and Article 2 of that agreement says this agreement does not in any way mean recognising Kosovo as a sovereign state, so it is quite possible and is recognised in international practice,” claims Predzic.
When asked what the binding legal document between Belgrade and Pristina would regulate, it states that the assumption is that open issues that are being discussed at any time will be resolved.
Diplomat and former Ambassador Vladislav Jovanovic, however, do not trust Tyan and believes that the West wants Kosovo to take its course across the EU and the UN. “That is why they tell Serbia that it is not necessary to formally recognise Kosovo,” says Jovanovic, adding that it is enough not to create problems and obstacles for Kosovo's movement in Brussels and New York and that only recognition is not important if we quietly leave Kosovo at the desired ports.
Serbian President Aleksandar Vuciq that the legally binding document the EU expects Serbia to sign with Pristina “does not imply recognition of Kosovo, and added that it is still not the correct form in which the” agreement should be signed.
Meanwhile, Kosovo Office Director Marko Djuric said there is still nothing that would harmonise a legally binding document and that there is no harmonised position of EU member states on the issue. /Periscopi/












