Unredeemed Lands and Extraterritorial Jurisdiction: The Case of Serbia and Kosovo

Abstract

When a state imposes its laws outside of its actual lands, it raises a question of extraterritorial jurisdiction. Serbia claims sovereignty over Kosovo, but does not control it; Kosovo has its own laws, and has been an independent state since 2008. While Serbia’s ability to enforce its laws is restricted, there is no limit to its power to make laws and adjudicate on matters pertaining to Kosovo. This exercise of extraterritorial jurisdiction has created practical uncertainties for the citizens of both countries, and may undermine peace and stability in the region and the European Union.

Keywords: constitutional law, comparative law, international law, extraterritorial jurisdiction, sovereignty, Europe, EU, Kosovo, Serbia