Abkhazia, Kosovo and the right to external self-determination of peoples

In August 2008 Russia recognized the independence of the separatist Georgian province of Abkhazia invoking the right of self-determination of peoples. Moscow's move was a response to the recognition of Kosovo's independence by some members of the international community earlier that year. Some commentators argued that the independence of Kosovo constituted a legal precedent that could be invoked by other separatist regions, as in the case of Abkhazia. A comparison of events in Kosovo and Abkhazia refutes the argument that Kosovo's independence is a sui generis case. Furthermore, due to insufficient state practice and opinio juris the Kosovo case has not led to the formation of a new rule of customary international law concerning the right of external self-determination of peoples in exceptional circumstances. Therefore, Kosovo's and Abkhazia's declarations of independence and their recognition by some members of the international community constitute violations of international law.