A Contribution To Rules-based International Order: Codification Of Kin-state Protection For Inter-state Relations

Based on the fact that there live their kinsmen outside their borders, kin-states act inevitably attentive to the treatment of their kinsmen in home-states, where they are the citizens of the latter. The Balkans is a typical case, given historical legacies in the region. In such a political environment, policies of kin-states on their kinsmen living in other states are often prone to negative interpretations, such as violating the principle of non-intervention in internal affairs, which constitute a problematic for the international order affecting inter-state relations and good- neighbourliness. This paper seeks to provide food for thought for possible formulations of internationally accepted norms for states to follow policies concerning their kinsmen in other states without being accused of such non-compliance of the said principle. In IR, in addition to the unilateral approach, the treatment of kinsmen has gradually become a subject of either bilateral or multilateral regulations, mostly within the realm of minority rights’ law. Against this background, kin-state protection stands as a promising norm to formulate a multilateral instrument binding for signatories to follow in their policies towards their kinsmen in full compliance with the principle of non-intervention in internal affairs. Added to relevant human rights and non-discrimination norms, such a codification would definitely need certain concepts to be focused on, mainly the promotion of a culture of living together, which would encompass accepting differences as richness rather than threats, inclusiveness and social cohesion, along with the issues of collective identity building. Thus, as to methodology this paper focuses on social constructivism given its emphasis on such socio-psychological and ideational factors without rejecting the realist parameters ruling the foreign polices of states. In that regard, to build on good practices, the paper examines the issue in comparison with the above mentioned regulations as appropriate, with a view to asserting that the codification of kin-state protection, possibly in a multilateral instrument, would better serve the inter-state relations and good-neighbourliness in the Balkans which might in return contribute to efforts for peace, security, stability and prosperity in the region and beyond.

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