In this article, I outline an approach that puts the primary focus on human needs and wants and limits any claim of self-determination to a minimum acceptable order of human existence in dignity and freedom. In defining, delimiting and discussing this concept, the article advances a certain set of criteria, using a combined methodological framework, composed of a set of legal and policy approaches (formal-oriented; policy-oriented; and state practice-based), which can be used either alone or in aggregate, while the final result would produce a unified answer to any claim. The approach is largely drawn against a backdrop where neither territorial nor ethnic approaches have been applied consistently, as neither one seems to provide a holistic and universal-featuring approach that best serves humans. I will apply this approach to the case of Kosovo.
- Theory of International Law,
Available at: http://works.bepress.com/qerimqerimi/1/