Juridical Sources of the Law in Kosova in Relation to the Public International Law

8 Pages Posted: 9 Oct 2016

See all articles by Arif Riza

Arif Riza

University of Vienna - Faculty of Law

Dardan Vuniqi

Independent

Date Written: October 7, 2016

Abstract

The reason of elaborating this topic is seemed as a necessity of time because going back into retrospective since never during these last centuries, people of this part of Balkans, especially Kosova, didn’t have a basic law or state constitution regulating their lives till 1974. But in the 1989 such a constitution was deprived from Serbia. The constitution of the Republic of Kosova of the 2008 is the first written constitution, meanwhile the constitution which came as a result of a long-term process of consultation with international actors and belongs to one of the ranged ‘conditioned’ constitutions.

Kosova during its historical and political development has faced with distinct challenges with invaders and ‘dictatorial’ politics, changing its regimes not changing their content, basically being discriminated and despised for the majority of Kosova people and the juridical rule of law which was pending on political influences of that time.

Thereafter the history of normative constitutional proceedings (acts) - formal sources of the law, and then even the constitution itself has a specific and special historical background. Thereafter, as authors we have treated the rights in Kosova, respectively it is understandable as the law in Kosova, especially after the war of 1989/99, at the time of UNMIK governing. This is to make it easier for the audience to get acquainted closely with formal sources of the law after the war until the announcing the independence of Kosova, it means after the announcing of the independence of Kosova up to now. It is worth to mention that the Constitution of Kosova has a distinct characteristic which is a model for the other regional countries because based in its content, the Constitution of Kosova is considered as one of the most advanced constitutions in the world, in the side of respecting of human rights, emphasising the representation of ethnical minorities and other social groups. In this paper, it is particularised the Kosova law hierarchy and the role of International Conventions (standards), respectively in the law infrastructure in Kosova.

Keywords: Kosovo, Constitution, law, regulation, UNMIK, Convention

Suggested Citation

Riza, Arif and Vuniqi, Dardan, Juridical Sources of the Law in Kosova in Relation to the Public International Law (October 7, 2016). Available at SSRN: https://ssrn.com/abstract=2849638 or http://dx.doi.org/10.2139/ssrn.2849638

Arif Riza (Contact Author)

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

Dardan Vuniqi

Independent ( email )

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