Principles Of International Law Research Articles

INSTITUTE OF EXPROPRIATION OF FOREIGN PROPERTY: DE FACTO & DE JURE

Not only Russian, but also foreign modern legal science bypasses the issue of the legal nature of the state’s right to expropriate private property. Its limits and limitations are unclear, as are the guarantees of the right to private property. In most cases, the right to expropriate is perceived as a given and the prerogative of the state. However, it is quite obvious that the principle of the certainty of law presupposes the normative clarity of the regimes and types of expropriation, the conditions for its implementation in relation to other restrictions and methods for the forced termination of the right to private property. In conditions of high turbulence in international relations, the question of the correlation between the norms of international, private international and national (domestic) law in determining the mechanism and legal regime of expropriation is especially relevant. Discussions on the relationship between the legal mechanisms of expropriation and nationalization, on the denition of criteria and the very legal nature of the compensation due to a private owner during expropriation do not leave the agenda. Particularly acute is the question of the grounds and forms of international responsibility of states exercising the right to expropriation, both in violation of the general norms and principles of international law, and special in relation to expropriation in relation to the interests and rights of private owners. The attention of the author is focused on this issue in connection with the emerging negative trends in the development of lawmaking in this area, not only at the national, but also at the international level.

The principle of international cooperation in modern international relations

The article examines the mechanism of action and implementation of the principle of international cooperation in modern international relations against the background of the European integration of Ukraine and the strengthening of the sphere of security and defense. The content and legal and organizational foundations of the principle of international cooperation are analyzed. Trends in the implementation of the principle of international cooperation against the background of the European integration of Ukraine and the strengthening of the sphere of security and defense have been studied. The opinion is argued that international organizations, due to their nature and external factors, do not always act as effective moderators of international cooperation. Aggression against Ukraine exposed a number of fundamental problems related, in particular, to the responsible attitude to the observance of the principles of international law and the consequences for their violators. The essence of the principle of international cooperation has changed, when preference is given not to universal elements of the system of collective security, but to direct contacts with the member states of the UN, EU, NATO, and other alliances, which allows to effectively solve urgent issues in the field of security and defense. It is proven that one of the trends in the implementation of the principle of international cooperation is the strengthening of the institution of responsibility and the binding factor against the background of efforts to establish the right of the strong in international practice by some member states of the UN. Aggressive actions of Russia, the discrediting of the norms of international law, the commission of international crimes on the territory of Ukraine and other factors encourage us to once again turn to the problem of the introduction of binding (sanction) components in interstate relations. On the agenda of the international community are issues of reorganization of the system of collective security, strengthening of the institution of responsibility, creation of effective mechanisms for limiting countries that violate the principles of international law. Without the application of the principle of international cooperation, including at the regional and local level, it will be extremely problematic to solve these extremely complex issues.

Cecily Rose, Review of Fulvia Staiano. Transnational Organized Crime: Challenging International Law Principles on State Jurisdiction

Cecily Rose, Review of Fulvia Staiano. Transnational Organized Crime: Challenging International Law Principles on State Jurisdiction

States as Masters of (Investment) Treaties: The Rise of Joint Interpretative Statements

Abstract Joint Interpretative Statements have grown in popularity in recent years as a tool States can use to authoritatively interpret, or reinterpret, investment treaties with the seminal case being NAFTA but provisions for making them have been included in numerous investment treaties and India, Colombia, France, Mauritius, and the EU member States themselves have recently entered into joint interpretative statements. The CETA Joint Committee would also appear to be close to issuing its first “decision” which, in effect, is a joint interpretative statement. Despite this growth, in general, investment tribunals are ill-equipped to apply such statements and, as case studies analyzed in the article show, often commit serious errors when deciding cases involving them. These errors include not applying the relevant articles of the Vienna Convention on the Law of Treaties (VCLT), failing to consider decisions by international tribunals, including the ICJ, regarding joint interpretative statements, and ignoring “the teachings of the most highly qualified publicists” with respect to such statements. These failings risk undermining States’ legitimate use of joint interpretative statements, as well as eroding the legitimacy of the ISDS system as a whole, due to repeated misinterpretations and misstatements of the applicable law. This paper aims to respond to the crisis by firstly setting out the relevant international law principles, with these being found primarily in the VCLT, secondly outlining when and how tribunals, and on occasion State courts, have fallen short in their analysis of said principles, and thirdly outlining various possible “futures” for joint interpretative statements, as well as suggesting means by which States might ensure that they are properly applied.

The United Arab Emirates approach towards international space law: Divergence or convergence?

In recent years, new space actors have entered the field of space activities with great enthusiasm. The United Arab Emirates (UAE) is one of these newcomers investing in this domain with a broad prospect based on a specific strategy and policy. Accordingly, in 2019, the UAE developed a legal framework to govern diverse space activities in line with its strategy and policy. This Law covers many challenging and complex items that have long been on the agenda of the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. This article aims to investigate the UAE National Space Law to bring to light the extent to which they are moving in line with the existing principles of international space law. Firstly, the Law, among other national legislation, will be assessed to determine whether it reshapes or reflects the existing international space law. Secondly, the key provisions of the Law will be highlighted and analyzed. The final part will discuss the correlation of this Law with the concept of NewSpace. In conclusion, the author will highlight the importance of multilateralism and collective decision-making processes in developing international space law principles.

Compliance of modern laws of Ukraine with international legal values: slogan or reality

The article analyzes international legal sources: the UN Charter, Declarations on the principles of international law, friendly relations and cooperation between states in accordance with the UN Charter, the Statute of the Council of Europe, the Lisbon Agreement in the context of the reality of the system of universally recognized values recorded in them, as well as sources the rights of Ukraine: the Declaration on State Sovereignty of Ukraine, the Constitution of Ukraine, codes and other laws of Ukraine regarding the state (which is stable) of the implementation of universally recognized values into the laws of Ukraine; the problems of their implementation in modern conditions are identified and possible ways of their solution are proposed The purpose of the article is to reveal the realities of the system of universally recognized values fixed in international legal documents and the state of their implementation in the laws of Ukraine; to propose ways of transforming such a system of values in order to ensure their effectiveness in the laws of Ukraine and compliance with modern requirements. There are significant violations of the principles of international law, which embody universally recognized values; inadequate response of the international community to such violations; replacement of legal means by other means («political will», agreements, negotiations, «expression of concern», etc.). This turns the prescriptions of international documents into declarative provisions (declaration of ideas, opinions, statements), and the system of international legal values into a «catalogue of wishes» or slogans, since there is no system of legal means and a mechanism for their implementation. The system of universally recognized values enshrined in the sources of international law was based on the idea of coexistence and cooperation of states and was really effective until the end of the 20th century. In connection with modern changes, it is important to form a new conceptual vision of international organizations, their role, significance, form and place in the new world order; creation of an effective institutional and functional mechanism for solving global problems; revision and updating of the system of generally recognized values regarding the interaction of member states within international organizations, as well as their external interaction. The existing system of universally recognized values should be transformed into a system of legal ideas, which are fixed in the basic principles of international law, and their violation should be interpreted as illegal actions. The mechanism for ensuring them should consist exclusively of effective legal means that cause direct (and not conditional) legal responsibility for their violation. All this will make it possible to form new international and legal forms of interaction between the participating states, which will be able to effectively respond to globalization changes and provide appropriate conditions for the further development of humanity. Key words: international law, principles of international law, universally recognized values, laws of Ukraine.

Fair and equitable treatment as a combination of principles of law.

The article is dedicated to such a customary law-based criterion of the compliance of states’ behavior within their international obligations as it is the fair and equitable treatment. This investment treatment, from the one side, is an interweaving of the legal principles of justice and equality, and from another, is formed by interpretations of decisions of international investment arbitrations. In the article also listed and briefly described some principles of law including general and specific for the branches of investment law and international investment law as well as some cross-branch legal principles. The listing and descripting of mentioned legal principles is done based on well-known theoretical-pedagogical sources and acts of international organization. These legal principles create a noticeable influence on interpretation of the fair and equitable treatment by international investment arbitrations. On the basis of authoritative works on the international investment law a modern list of some elements of the fair and equitable treatment is also provided, some of these elements are either based on key legal principles for the branch of international investment law, or are their direct embodiment. There are also quotations from decisions of international arbitrations regarding foreign investments, which are provided as examples in the material. These examples make it possible to express the legal nature of the fair and equal treatment from the point of view of influence of certain principles of law on it or transfer the general conceptual meaning of this investment treatment as the protecting international investments remedy. Key words: investment treatment, fair and equitable treatment, general principles of law, legal principles of international investment law.

The Republic of Moldova and Transnistria: origin issues and ways of conflict resolution

This article outlines the genesis of the Transnistrian conflict, focusing on perceptions inside and outside Moldova and on a settlement process that has brought no substantial results. The lack of solution to the Transnistria issue poses wider questions about the usefulness of existing conflict resolution formats and processes. The approaches to resolving the conflict have created a misleading position that the issue is purely internal to Moldova, with Russia playing the role of impartial mediator and provider of peacekeeping forces. The Moldovan experience indicates that a sustainable solution to such conflicts, based on respect for international law and Organization for Security and Co-operation in Europe principles and commitments, is impossible without a greater emphasis on the accountability of Russia. In this way the key to solving the conflict in line with international law and OSCE principles lies in Moscow and less in Chisinau or Tiraspol.

The Territory of the State in the Pure Theory of Law of Hans Kelsen

The Territory of the State in the Pure Theory of Law of Hans Kelsen

The application of the precautionary principle in the decision of releasing Fukushima radioactive contaminated water into the sea

The “precautionary principle” is an important and forward-looking principle. Its advancement lies in surmount any time lag in scientific knowledge. As the importance of protecting against unknown hazards has increased, the precautionary principle has been widely accepted by international and domestic legal instruments. By examining international legal documents and judicial practices, it can be found that the legal effect and legal connotation of the precautionary principle have been constantly improved in international law. At the same time, the Precautionary principle in international judicial practice has also changed from initial hesitation and caution to acceptance, even promotion. Japan's decision to release radioactive contaminated water clearly violates the precautionary principle. However, due to normative deficiencies in the precautionary principle itself, it remains unclear which acts should be performed byobligatory parties to be regarded as fulfilling their precautionary obligation. These deficiencies may cause the precautionary principle cannot be truly implemented in international judicial practice. Despite some vagueness, it is still possible to extract the two most basic responsibilities from international judicial practice, and their legal connotations in fulfillment of the precautionary principle: first, to consult with other stakeholders and second, to stop potentially dangerous behaviors that may cause serious and irreversible damage to the environment. At a legal level, to address Japan’s decision, the precautionary principle can regulate pollution discharge in two forms: customary international law and the general principle of international law. From the perspective of people’s survival, safety, and development sustainability, it is imperative to apply the precautionary principle to this incident. The decision of the Japanese government to discharge nuclear-polluted water into the Pacific Ocean is a serious breach of international law, because it was only considered in terms of technical feasibility and not in terms of international legal implications.

Citizens’ access to justice during the introduction and implementation of the legal regime of martial law in Ukraine

During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

The Armed Conflict in Ukraine: Use of Force, Prosecution, and Complicity

In the early hours of Thursday, 24 February 2022, President Vladimir Putin addressed the Russian people and declared to the world that Russia has decided to commence a “special military operation” against Ukraine. Shortly afterwards, the Russian military entered Ukrainian territory from many parts of the country. The conflict has resulted in heavy casualties, especially within the Ukrainians. The international community has condemned the invasion, stating that it violates Ukraine’s territorial integrity and sovereignty, and it’s contrary to the principles embodied in the Charter of the United Nations (UN Charter). The North Atlantic Council has also identified the attack as “a grave violation of international law, including the UN Charter.
 In the wake of protests sounded by the international community, Russia has continued to oppose such arguments. As a preliminary analysis, it is evident that Russia’s actions against Ukraine consist of elements of force. Rather than denying the allegations, Russia has justified its use of force by referring to principles of international law. This paper examines a brief background of the Russo-Ukrainian conflict, Russia’s and Ukraine’s justifications in the war, the possible prosecution of high-ranking Russian officials in potential fora’s, and also Belarus’ involvement in the conflict. While this paper finds that Russia’s justifications for their invasion are unlawful and invokes their responsibility, there are obstacles in prosecuting the crimes. It also considers that Belarus is responsible for their involvement.

MAIN CHARACTERISTICS OF RUSSIA’S IMPERIALISTIC AND OCCUPATION POLICY IN UKRAINE

In this research paper, the author analyzes the actions taken on behalf of the Russian government in the temporarily occupied territories of Ukraine. In particular, attention is paid to measures such as the pseudo-referendums held at the end of September 2022 in the east and south-east of Ukraine, the Kremlin’s propaganda, the policy of the occupiers related to the establishment of pro-Russian administrations, control of the local population, deportation of Ukrainians, the distribution of Russian passports, the introduction of a Russian education system and other measures of Russification as well as mass violations of the fundamental principles of human rights.
 In October 2022, the Russian State Duma unanimously supported the incorporation of the so-called “Donetsk and Luhansk People’s Republics” and Zaporizhzhia and Kherson regions into the Russian Federation.
 After the pseudo-referendums held in the four temporarily occupied territories of Ukraine, on September 30, Russian President Vladimir Putin signed “agreements” with the representatives of the occupation regime on the acceptance of Donetsk, Luhansk, Kherson, and Zaporizhzhia regions into Russia.
 The documents were published on October 3, but it remained unclear where, in the occupants’ opinion, the borders of Russia now lay in the temporarily occupied territories of Ukraine.
 These actions contradict the basic principles of international law on the territorial integrity of a state and the inviolability of borders. The results of the “referendums” were not recognized by any country in the world, including the closest allies of the Kremlin such as Belarus, or even those countries that had recognized Abkhazia and the so-called “independence” of South Ossetia (Venezuela, Nicaragua, Syria, Nauru). Accordingly, the holding of pseudo-referendums is another weak attempt by Russia to impoverish Ukraine’s statehood, especially since Russia lost control of a significant portion of its “newly-joined territories” as a result of bold actions on the part of the Armed Forces of Ukraine.

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

Implementation by the OSCE participating States of their human dimension commitments

Introduction. On the 29th Annual Session of the Organization for Security and Co-operation in Europe (OSCE) Parliamentary Assembly the delegates of the OSCE participating States issued Birmingham Declaration and, as part of it, the Resolution “On the Importance of the Human Dimension in the Context of Current Threats tothe Security in the OSCE Area Stemming from the Russian Aggression Against Ukraine”, where by they underlined “the importance of OSCE commitments, in particular those undertaken within the Human Dimension, that constitute firm political declarations of the participating States to fulfil, respect and promote human rights and fundamental freedoms ”and urged the participating States to implement those commitments. The aim of the article is to examine the main characteristics of the human dimension commitments and current approaches to their implementation. Results. This article provides a summary of the key characteristics of the OSCE human dimension commitments, focusing on their sources (CSCE and OSCE documents), process of adoption, nature of commitments, absence of sanctions for noncompliance, and lack of systematic verification of their implementation. The articlerefers to a precedent-setting suspension of the former Federal Republic of Yugoslavia from the CSCE/OSCE “in view of clear, gross and uncorrected violations of CSCE commitments” in response to the growing crisis in Balkans. With reference to the unprovoked Russian aggression against Ukraine, and noting the OSCE’s position that, unlike the Council of Europe or other international organizations, the Organization does not have an effective mechanism for suspension or exclusion of its participating State for gross violation of the OSCE commitments and principles, the article highlights a need to review and transform current procedures and improve mechanisms to ensure implementation of the human dimension commitments. Conclusions. Although the OSCE human dimension commitments have beenre-affirmed by the participating States on numerous occasions, the challenge that is being faced by the OSCE, and which has become even more evident throughout 2022,one example of which may be the blocking of the Human Dimension Implementation Meeting by Russia and Belarus, is that the divergence between the participating States around the implementation of the OSCE human dimension commitments will onlyincrease. This will call for the development of new approaches to eliminate such divergence. The article concludes with a view that it is necessary to reassess the main institutional foundations of the OSCE’s work with the aim to increase effectiveness of the monitoring and verification of the implementation of the human dimension commitments, particularly as concerns respect for human rights. Key words: Organization for Security and Co-operation in Europe (OSCE),Conference on Security and Co-operation in Europe, CSCE, human dimension,human rights, Helsinki Final Act 1975, OSCE Parliamentary Assembly, principles of international law, principle of respect for human rights and fundamental freedoms.

The Significance and Role of Natural Law Doctrine in the Development of International Law

Natural law, which has played a significant role in the formation and development of international law, continues to be a subject of debate due to the specific definition of it sessence as a legal ideology that transforms depending on the course of history and the tasks set in this process. This ideology is an integral part of legal thought exclusively within Western civilization, the creation of which began with the encounter of Medieval Europe, represented by the Catholic Church, with the ancient philosophy of Ancient Greece, particularly Stoicism, which was utilized by Ancient Rome in the formation of jusgentium as a component of Roman law by magistrates. It was particularly during this period that the doctrine of natural law, in line with the Romans' understanding of jusgentium as a universal law for all of humanity, acquired a universal significance and continues to be one of the pillars of Western legal thought to this day. The spiritual, social, and political revolution in Europe marked by the Renaissance, the Reformation, and the rise of nation-states reshaped the concept of natural law,presenting it as a product of human intellect, namely, as human reason. Consequently,a new philosophical foundation emerged to justify international law among sovereign states, solidified by the Peace of Westphalia in 1648. The new paradigm of relations between states, influenced by the doctrine of natural law, found expression in Hugo Grotius' system of international law, characterized by objective causal connections. In this system, the doctrine of natural law underwent a shift where the postulates of God,while remaining recognized as a basis for its application, lost their decisive significance that characterized the medieval period. The subsequent stages of the development of international law, gradually assuming a contractual character, are associated with the abandonment of the ideology ofnatural law, which in the 19th century was entirely replaced by theories of positivism such as empiricism, pragmatism, and logical positivism. After World War II, a process of "rebirth of positive law" is observed, characterized by the emergence of human rights protection at the international level, the functioning of the international judicial system, and the necessity of interpreting customary international law and general principles of law. Discussions surrounding the principles of the Nuremberg Tribunal Statute, adopted in 1945, have become a significant factor in the reassessment of natural law ideology. Various, often contradictory, views regarding the content and form of natural law compared to the positive norms of international law continue to be expressed. The current crisis of international order and, consequently, international law it selfis leading to the emergence of separate economic and political enclaves, signifying a decline in the importance of universalism in international relations and marking the culmination of the revival period of natural law doctrine. This transition also demonstrates a shift towards a new form of regionalism independent of the UN Charter. Key words: Roman law, jus gentium, nature law, international legal order,international law, international law philosophy, crisis of international relations andinternational law.

Game Over for Russian Athletes? Human Rights Aspects of Measures Adopted by International Sports Organisations as a Response to the Russian Aggression against Ukraine

Summary The Russian invasion of Ukraine has tested the mettle of the international community, prompting not only States but also non-state actors to take deterrent action in response. Indeed, international sports organisations, namely the Fédération Internationale de Football Association (FIFA) and the Federation of European Football Associations (UEFA), have been relatively successful in shifting the power dynamics by introducing a complete ban on the Football Union of Russia (FUR), i.e., the Russian national and club teams. This article investigates the human rights implications of such actions by international sports organisations. First, the article departs from an assessment of the legal status of FIFA and UEFA under international law. It reflects how a legal link could be established vis-à-vis their human rights obligations. Second, it examines the human rights aspects of the impugned measures by FIFA and UEFA on the part of the Russian athletes, further scrutinising them against the international human rights law principle of non-discrimination through a proportionality test. Finally, it draws basic pathways for how possible human rights violations committed in the context of measures adopted by such organisations could be remedied, outlining the challenges of arbitration and litigation in Switzerland.

Effective efforts in resolving international disputes: A review of the principles of international law in the case of the Ligitan and Sipadan Island disputes

This article discusses effective efforts to resolve international disputes by focusing on reviewing the application of international law principles in the context of the Ligitan and Sipadan Island disputes. This research explores the role of international legal principles, such as the principles of peace, justice and sovereignty, in handling territorial disputes between Indonesia and Malaysia regarding these two strategic islands. Through in-depth analysis of the settlement process, this article identifies concrete efforts that can be considered effective in resolving international disputes, as well as considering the impact of applying international legal principles in achieving just and sustainable solutions. The implications of this research can provide additional insight for stakeholders, international law practitioners, and researchers interested in the context of international dispute resolution, especially in cases involving international legal principles at the regional level.

The Right of Ownership and Legal Protection in Kosovo’

Background: The Republic of Kosovo is a country located in Southeast Europe with partial diplomatic recognition. Kosovo declared its independence on 17 February 2008, and has since gained diplomatic recognition from 116 member states of the United Nations. On 22 July 2010, the International Court of Justice rendered an advisory opinion on the legality of Kosovo’s declaration of independence, which was not in violation of neither general principles of international law, nor specific international law. In 2022, Kosovo filed a formal application to become a member of the European Union. In the Republic of Kosovo, the Constitution is the highest legal act. Laws and other legal acts shall be in accordance with this Constitution. Civil law is not codified but divided into separate laws. The property right is regulated by the Law on Property and Other Real Rights Law No. 03/ L-154. Property rights and other real rights in the Republic of Kosovo originate from this law. Keeping this in mind, in our article, we are going to highlight the range of problems related to property rights’ regulation and protection, including gaps in primary and secondary legislation, analysing case law, courts, state attorneys, and administrative authorities’ activities. Methods: In this paper, we analyse the institution of property rights. We used comparative and analytical methods based on the current legislation in Kosovo, utilising resources from the former Yugoslavia. Additionally, we used some historical methods to derive concrete results. Kosovo has inherited the relics of the former Yugoslav legal system; building a new system is a challenge in and of itself. In the context of property law in general, its legal protection is crucial for the owner to use and dispose of his property. Results and Conclusions: With the knowledge that the institution of property law is one of the main institutions of civil law, and is the fundamental institution of real law, we have analysed this law institution as a constitutional principle, regulated by special laws in Kosovo. Additionally, given the importance of the property institution, Kosovo has adopted laws that protect property rights, enjoying civil legal protection, criminal legal protection, and international protection. These laws should be in accordance with the country’s Constitution, with international human rights instruments, as well as with EU legislation.