Book contents
- European Human Rights Grey Zones
- European Human Rights Grey Zones
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 Understanding the Council of Europe System and Territorial ‘Grey Zones’
- 3 Collective Responsibility for European Public Order
- 4 Jurisdiction and the Applicability of the European Convention on Human Rights
- 5 Council of Europe and Kosovo
- 6 Towards a Judicious Rapprochement
- 7 Conclusion
- Select Bibliography
- Index
5 - Council of Europe and Kosovo
A Model of Functional Engagement?
Published online by Cambridge University Press: 18 April 2024
- European Human Rights Grey Zones
- European Human Rights Grey Zones
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 Understanding the Council of Europe System and Territorial ‘Grey Zones’
- 3 Collective Responsibility for European Public Order
- 4 Jurisdiction and the Applicability of the European Convention on Human Rights
- 5 Council of Europe and Kosovo
- 6 Towards a Judicious Rapprochement
- 7 Conclusion
- Select Bibliography
- Index
Summary
Chapter 5 examines the evolving legal context and the practical effectiveness of CoE interactions with the central case study, Kosovo. Kosovo is a sui generis case, distinct from all others, but it is an appropriate case study as it has faced and, in several cases, overcome similar engagement challenges. Over more than two decades, the CoE has innovated and adapted its relationship with Kosovo, and so this chapter seeks to illustrate the pragmatism and creativity which can be employed when the political will to do so is in place. The chapter elaborates the principle of engagement on the basis of ‘functional capacity’ and the practice of monitoring substitution.
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- European Human Rights Grey ZonesThe Council of Europe and Areas of Conflict, pp. 143 - 184Publisher: Cambridge University PressPrint publication year: 2024