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1

Sovereignity, statehood and self-determination in international law - The Kosovo case

100%

Paço S.

Academicus. International Scientific Journal

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2016

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issue 13

184-204

EN

The self-proclamation of Kosovo’s independence announced on February 17 invites us to some general considerations that may be linked to the specific event. The IL principle of Self-determination will be on the focus of this article to considering it as one of the way to archive the creation of new IL entity. Self-determination is a more recent principle then the others but its history, theory and practice is immense. The origin of the term and idea also is in discussion and debating among historian and lawyer. The term have been used simultaneously in the same period (end of WW I) by the US President Wilson and the USSR Premier Lenin referring to the right of the non self-governed territory like colony and occupied regions.

2

Kosovo - An Atypical Parliamentary Republic

88%

Jashari M., Selimi B.

Academicus. International Scientific Journal

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2016

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issue 14

107-117

EN

The topic of this comparative study is the republican character of the system of governance in Kosovo. In the public discourse and political communication, as well as in academic discourse Kosovo is considered a Parliamentary Republic, based on the principle “of the separation of powers and checks and balances between them.” Although the constitutional definition of the relationship between the executive and legislative favors parliamentary republicanism, the constitutional powers of the president, the government and especially the constitutional and political power of the prime minister, significantly weaken the parliamentary character, in favor of a semi-presidential system. However, neither the current theories of government, nor constitutional provisions can rank Kosovo among semi-presidential systems, or pure parliamentary systems. Comparisons of competence powers relations in Kosovo, with similar relations and competences of the countries of the region and beyond, testify to the specific nature of parliamentary democracy in Kosovo. It is precisely the comparison of the Kosovo constitutional-legal system of governance with similar systems and theoretical analysis of parliamentary models facing Kosovo model which will be the basis of support of the hypothesis that Kosovo is not a typical parliamentary republic.

3

The Bumpy Road of EULEX as an Exporter of Rule of Law in Kosovo

75%

Skara G.

Academicus. International Scientific Journal

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2017

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issue 16

69-87

EN

This paper analyses EULEX mission in Kosovo (hereafter EULEX) as an exporter of rule of law. From the deployment of the mission, two mainstream discourses have coined the effectiveness of EULEX establishing the rule of law in Kosovo. From the Brussels point of view, EULEX has marked a lot of progress in promoting the rule of law in Kosovo. On the other hand, based on international indexes and other secondary sources, EULEX has been harshly criticised to deliver its promises in strengthening the rule of law institutions, fighting organised crime, war crimes and reducing corruption. Beyond these discourses, the paper tries to explore whether, how and to what extent, EULEX has promoted rule of law in Kosovo. The paper argues that EULEX has failed to promote rule of law in Kosovo due to 1) the costs of adaptation or compliance as function of the misfit between EULEX institutional approach on rule of law and domestic conditions and 2) incapacity of Kosovo rule of law institutions to interact with EULEX in strengthening the rule of law as a result of political interference on judiciary and police sector.

4

Economic overview of the international state-building of Kosovo in the light of liberal peace thesis: Development trends of the economic system of Kosovo, through UNMIK administration, actuality and the future.

75%

Bashota B., Sela Y., Ismaili F.

Academicus. International Scientific Journal

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2014

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issue 10

55-74

EN

In the aftermath of Cold War, the system of United Nations (UN) Peace Missions assumed new proportions, by adjusting the nature of political developments, which characterized the international relations stage in this period. In the peace-keeping agenda of these missions, special focus was given to issues related to “international state-building” in the post-conflict situations, as well as attempts to prevent and manage consequences of the state’s failure. In pursuit of these goals and as part of this agenda, it is believed that liberal western values, especially as part of the “liberal peace thesis”, have become ever more widespread and commonplace. The models of state-building, according to this thesis, include combination of values of liberal democracy and principles of the market economy, as precondition to overall social development, which would contribute to long-term peace. According to this conception According to this conception, it is clear that the transitional process from war to peace and that of state-building, in addition to the political dimensions, also has significant economic dimensions. Therefore, the authors of this study are focused on and aim to analyze and explain the role the economic sector plays in the construction and functioning of the state system in a post-conflict society, as is the case of Kosovo. At the contextual level, the study consists of understanding the role played by UNMIK, as international administration, in the direction of this sector. One part of the study is dedicated to analysing immediate and long-term strategies and approaches of the peacekeeping mission, aimed at reconstruction, i.e. the development of the economic sector from scratch, which would impact directly and indirectly on the creation of an enabling socio-political environment for a lasting peace. But the rest of the study focuses on macroeconomic indicators such as GDP level, monetary policy, as well as import and export situation (trade balance, which realistically reflects the current status of economic development in Kosovo, as well as for measuring the gap between the expected targets and achieved concrete results. This means that these indicators reflect the degree of success or failure of the mission in relation to the fulfillment of this objective. Finally, by analysing the previous and current results, we will try to explain development trends of Kosovo’s economy in the short-term.

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4 Academicus. International Scientific Journal

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Sovereignity, statehood and self-determination in international law - The Kosovo case

Kosovo - An Atypical Parliamentary Republic

The Bumpy Road of EULEX as an Exporter of Rule of Law in Kosovo

Economic overview of the international state-building of Kosovo in the light of liberal peace thesis: Development trends of the economic system of Kosovo, through UNMIK administration, actuality and the future.