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Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo (United Nations Interim Administration Mission in Kosovo )

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eBook details

  • Title: Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo (United Nations Interim Administration Mission in Kosovo )
  • Author : Global Governance
  • Release Date : January 01, 2004
  • Genre: Politics & Current Events,Books,
  • Pages : * pages
  • Size : 339 KB

Description

Considering that the resolution of property issues is often pivotal for the success of a peacebuilding process in a postconflict situation, it is surprising that the United Nations Interim Administration Mission in Kosovo (UNMIK) is so far the only UN peace operation that took on the responsibility of regulating them in a comprehensive manner. The comparable governance missions in Cambodia, Eastern Slavonia, and East Timor yielded to the democratically legitimated local authorities in matters relating to property although they were facing a similar property crisis during their administration. The only other international administration that dealt with property issues on a larger scale was the Office of the High Representative under the Dayton Peace Agreement in Bosnia and Herzegovina, which, however--unlike UNMIK--does not possess full legislative and executive powers. (1) In terms of substantive property-related lawmaking, UNMIK serves as an important precedent for future international territorial administrations that might be established in postconflict situations defined by ethnic conflict and discrimination, a mass refugee crisis, large-scale housing destruction, and an underdeveloped court and property registration system. (2) Of particular interest are UNMIK's regulatory efforts concerning property issues from the date the mission was established, 10 June 1999 to 10 December 2001, the date of the inauguration of Kosovo's first assembly as the cornerstone for the establishment of the provisional institutions of self-government foreseen by Security Council Resolution 1244.


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