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Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo

Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and... Global Governance 10 (2004), 307–331 Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo Leopold von Carlowitz onsidering that the resolution of property issues is often pivotal for the success of a peacebuilding process in a postconflict situa- Ction, it is surprising that the United Nations Interim Administra- tion 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 inter- national administration that dealt with property issues on a larger scale was the Office of the High Representative under the Dayton Peace Agree- ment in Bosnia and Herzegovina, which, however—unlike UNMIK— does not possess full legislative and executive powers. In terms of substantive property-related lawmaking, UNMIK serves as an important precedent for future international territorial administra- tions that might be established in postconflict situations defined by eth- nic conflict and discrimination, a mass refugee crisis, large-scale hous- ing destruction, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Governance: A Review of Multilateralism and International Organizations Brill

Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1075-2846
eISSN
1942-6720
DOI
10.1163/19426720-01003005
Publisher site
See Article on Publisher Site

Abstract

Global Governance 10 (2004), 307–331 Crossing the Boundary from the International to the Domestic Legal Realm: UNMIK Lawmaking and Property Rights in Kosovo Leopold von Carlowitz onsidering that the resolution of property issues is often pivotal for the success of a peacebuilding process in a postconflict situa- Ction, it is surprising that the United Nations Interim Administra- tion 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 inter- national administration that dealt with property issues on a larger scale was the Office of the High Representative under the Dayton Peace Agree- ment in Bosnia and Herzegovina, which, however—unlike UNMIK— does not possess full legislative and executive powers. In terms of substantive property-related lawmaking, UNMIK serves as an important precedent for future international territorial administra- tions that might be established in postconflict situations defined by eth- nic conflict and discrimination, a mass refugee crisis, large-scale hous- ing destruction,

Journal

Global Governance: A Review of Multilateralism and International OrganizationsBrill

Published: Aug 3, 2004

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