JUSTICE IN PROPERTY MATTERS IN KOSOVO: A LESSON FROM A POSTWAR COUNTRY

Abstract

Background: In the realm of property matters, or more precisely, the infringement of property rights and the pursuit of adequate justice, Kosovo stands out as one of the most unique cases. Its uniqueness stems not from a singular circumstance, law, or period but from a complex interplay of events, laws, and historical periods. The primary objectives of this paper revolve around property disputes stemming from ethnic conflicts, discriminatory laws, and wartime circumstances. The paper is grounded in two fundamental hypotheses. Firstly, it seeks to examine the property disputes that have arisen because of these conflicts, discriminatory laws, and war, particularly targeting certain segments of the population. Secondly, it aims to explore strategies for avoiding such consequences in the future and recovering material damages incurred. The context under observation is also important because of the significant involvement and influence of the international administration. In this sense, the case of Kosovo can serve as a typical example, theoretically and practically, for other societies and countries facing similar challenges. Lessons from the positive aspects of Kosovo's case should be considered while avoiding repeating numerous mistakes to prevent these countries from experiencing the consequences of such oversights. Methods: The foundational sources used to develop this paper encompass scholarly works such as textbooks and scientific papers, legislative acts including international conventions, and judicial practice. Given the paper’s unique nature and the problem it addresses, it further draws upon a range of research and reports from reputable international organisations that have systematically monitored the situation as impartial observers. The paper adheres to a specific methodology, with the historical method being indispensable in matters related to property. Through this method, the evolution of ownership, ideas, community consciousness, political and social movements that influenced the law, and international missions approaches that contributed to shaping distinctive legislation in Kosovo known as 'UNMIK Regulation’ are unveiled. This study predominantly employed the analysis method, synthesis method, and comparative method. The analysis method scrutinises relevant legal provisions and case law, while the synthesis method has been utilised within the framework of comparative methods. To a certain extent, the descriptive method was also employed to furnish readers with a clear overview of the events and relevant implementation mechanisms related to property rights. Results and Conclusions: The paper delineates three major types of property disputes arising from the unique circumstances characterising Kosovo: property claims deriving from ‘repressive measures’ (1990-1998), property claims deriving after the war (27 February 1998 - 20 June 1999); and property claims caused by the system of social property (after 1945)– subsequently deriving from its privatisation after 1999. For each of these violations of property rights, their causes, circumstances, and underlying purposes are examined and argued. The paper also discusses approaches for addressing these disputes. While it is concluded that addressing property claims deriving after the war (27 February 1998 - 20 June 1999) has been satisfactory, the same cannot be said for the other two categories of property disputes. In these instances, modern law remains largely silent. Therefore, although this paper is titled ‘justice’ in property matters it primarily grapples with the prevailing of ‘injustices’ in property matters. However, the paper offers ideas and suggestions on how modern law can address these categories of violation of property rights.