The essay will discuss whether Kosovo is considered a state under international law. It will do this by looking at history, recognition and applying the factual criteria that the state must meet. The essay will conclude by deliberating whether Kosovo is a state and explain the contribution of the Kosovo debate to the nature of international law.IntroductionOn February 17, 2008, the Kosovo Assembly unilaterally proclaimed the Republic of Kosovo as a sovereign state and declared its independence from Serbia. The state is an entity that is a sovereign territory, has borders with a permanent population and a government that manages its internal affairs independently of foreign governments. (Jackson and Sorenson, 2007). Prior to the declaration, the prevailing view among many legal commentators was that international law neither prohibits nor explicitly recognizes the right of an ethnic group to unilaterally secede from a parent state. (Peter Malanczuk, 1997: 78). Kosovo's independence caused a stir within the international community, where reactions were mixed and divided. At the center of the conflict was Kosovo's right to declare independence without Serbia's consent. To do this, it is necessary to consider considerably the past and present atmosphere.HistoryAccording to the Serbian view, in the competing claims regarding the historical significance of Kosovo, national and religious factors are central to Serbian identity. (Miranda Vickers, 1988: 6). Both Kosovo Albanians and Serbs have claimed this region for centuries. Regardless of who arrived first, Albanian and Slavic peoples have lived together on the territory of Kosovo for hundreds of years. The Albanians, for their part, claim first possession of Kosovo, they claim they were... middle of paper... if what properly constitutes a state dates back to 1933. The Montevideo Convention is heavily dependent on the the political, historical and legal climate of the time in which it was written. It was designed to address a particular problem in which the conception of the state is constantly evolving. The Convention as a legislative tool with normative value is therefore limited and outdated. (Redman, 2002: 342). Clarity is required in international law for the recognition of Kosovo to bring closure and an end to uncertainty. Conclusion Kosovo cannot be considered a state although it meets three of the four factual criteria and is not yet a state under international law. If Kosovo's recognition were upheld, it would teach states that engage in violations of the human rights of its civilians that they should double-check their actions before committing such acts...