Conflicting Rules of Recognition: UN Security Council Resolution 1244 or the Constitution of the Republic of Kosovo

Abstract

Kosovo's declaration of independence in 2008 and the United Nation's claim that UN Security Council Resolution 1244 (1999) (“Resolution 1244”) remains in effect have resulted in the unique case of two competing legal systems, both of which claim legitimacy and supremacy in Kosovo. While Kosovar authorities claim to exercise exclusive and sovereign authority over Kosovo based on the Constitution of the Republic of Kosovo, the UN, acting through the United Nations Interim Administration Mission in Kosovo (“UNMIK”), maintains that Resolution 1244 vests administrative authority over Kosovo in the Special Representative of the Secretary-General (“SRSG”). This conflict is best exemplified in a number of judgments rendered by the Special Chamber of the Supreme Court of Kosovo on Privatization Agency Related Matters (“Special Chamber”) and the Constitutional Court of the Republic of Kosovo. The purpose of this Article is to illustrate the problems that have emerged in the process of the creation of a new legal system in Kosovo and the emergence of a new rule of recognition which is reflected in conflicting judgments of the Special Chamber and the Constitutional Court.