Yugoslav Territory, United Nations Trusteeship or Sovereign State? Reflections on the Current and Future Legal Status of Kosovo

in Nordic Journal of International Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

Security Council Resolution 1244 of 10 June 1999 established a United Nations Interim Administration in Kosovo. The United Nations has thereby assumed exclusive legislative and executive powers over the territory, notwithstanding the fact that the Federal Republic of Yugoslavia still retained title over the territory in question. The present article analyses the current international legal status of Kosovo and the source of United Nations authority to administer the territory, taking into account relevant precedents where international organizations have done so in the past. In addition, the article addresses a number of more specific questions concerning the exercise of direct administering authority by the United Nations and, in particular, the question whether, and if so, to what extent human rights standards are applicable to both the actions of UNMIK and actions undertaken by the international security presence in Kosovo, KFOR. Before outlining a possible scenario for the future, permanent international and constitutional status of Kosovo, two other pertinent questions are also dealt with, i.e. whether UNMIK may represent Kosovo vis-à-vis third states by concluding treaties on behalf of the territory, and whether UNMIK may exercise diplomatic protection with regard to permanent residents of Kosovo.

Yugoslav Territory, United Nations Trusteeship or Sovereign State? Reflections on the Current and Future Legal Status of Kosovo

in Nordic Journal of International Law

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 20 20 4
Full Text Views 55 55 31
PDF Downloads 7 7 1
EPUB Downloads 0 0 0