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International Law as a Political Instrument in the Case of Kosovo (1999-2010)

Author:

Jasper E. Bergink

OCMC European Affairs, NL
About Jasper E.
Jasper Bergink, LL.M received a B.Sc. in Political Science at VU University Amsterdam and a B.A. in European Studies at University of Amsterdam. In 2010, he graduated in the LL.M. Law & Politics of International Security at VU University. The present article is adapted from his dissertation in this Master, entitled “International Law as a Political Instrument in the Case of Kosovo. The Evolving Impact of Resolution 1244 (1999-2010)”. Jasper Bergink is currently a Brussels-based consultancy active in the policy areas security, transport, energy and environment. The author encourages readers to give comments and other feedback on the article by e-mail. A digital copy of the full dissertation can be requested by e-mail.
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Abstract

The article attempts to integrate international law and international relations by analysing how law works within international politics. In international relations, the instrumentalist theory poses that states rationally employ international law as a foreign policy instrument. Analysing the case of Kosovo from 1999 to 2010, this article aims to show what international law really does. It highlights the indeterminacy or imprecision of law as a feature that hinders its effectiveness. Moreover, it argues that law’s discursive function and the final consequences of the use of law should be analysed to judge the claims of instrumentalism.

How to Cite: Bergink, J.E., 2010. International Law as a Political Instrument in the Case of Kosovo (1999-2010). Amsterdam Law Forum, 2(4), pp.85–98. DOI: http://doi.org/10.37974/ALF.151
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Published on 26 Oct 2010.
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