Should Canada Recognize Kosovo’s Declaration of Independence

The province of Kosovo has unilaterally declared independence from the nation state of Serbia and the countries of the world are lining up to denounce or support the declaration. History and international law have been cited as justification for both positions. What should Canada’s position be.

Canada is in a unique position in having it’s own domestic legislation to deal with such a situation. How does Kosovo’s unilateral declaration stack up to the Canadian Parliaments requirements for such a declaration.

The Clarity Act requires that a referendum must be held with a “clear” unambiguous question that receives the support of a “clear” majority of more than 50%.

If the government of Canada recognizes the Kosovo declaration of independence without these criteria being met it would be a “clear” case of one set of rules for Canada and another set of rules for everyone else.

1 comment:

Anonymous said...

Your argument is fine, except for two things. First, the Clarity Act applies to a declaration of independence by a Canadian province. Second, the United Nations charter guarantees to all members the right to manage their internal affairs.

Imagine if Quebec unilaterally declared independence and then Russia, China and other countries recognized Quebec in retaliation for Canada's recognition of Kosovo.