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

Abstract

onsidering that the resolution of property issues is often pivotal for the success of a peacebuilding process in a postconflict situa ^_-^tion, 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.1 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, and an underdeveloped court and property registration system.2 Of particular interest are UNMIK's regulatory efforts concern ing 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 provi sional institutions of self-government foreseen by Security Council Res olution 1244. These efforts provide insight into what difficulties an international peace operation with full government functions faces when confronting a complex legal area that not only challenges the mission's enforcement powers, but also questions its legislative capability to ensure compati bility of its regulations with the domestic legal system. UNMIK was in