The relationship between international law and national law in the case of Kosovo: A constitutional perspective

Morina, Visar; Korenica, Fisnik; Doli, Dren

doi:10.1093/icon/mor020

Cited by 13 publications

(7 citation statements)

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“…The ethics and integrity being advocated in this essay will put the onus of proof in 'violations of human rights claims on entities because the relevant information (and expertise to understand it) is in the hands of the entities, not the victims. If claimants can prima facie demonstrate that they have suffered harm' 89 (injury), and that this is likely to have been the result of the entity's 83 Morina, Korenica & Doli (2011).…”

Section: Ethics and Integrity In Accountabilitymentioning

confidence: 99%

Untitled

2022

AJL

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ATINER is an independent and non-profit Association with a Mission to become a forum where Academics and Researchers from all over the world can meet in Athens, exchange ideas on their research and discuss future developments in their disciplines, as well as engage with professionals from other fields. Athens was chosen because of its long history of academic gatherings, which go back thousands of years to Plato's Academy and Aristotle's Lyceum. Both these historic places are within walking distance from ATINER's downtown offices. Since antiquity, Athens was an open city. In the words of Pericles, Athens"…is open to the world, we never expel a foreigner from learning or seeing". ("Pericles' Funeral Oration", in Thucydides, The History of the Peloponnesian War). It is ATINER's mission to revive the glory of Ancient Athens by inviting the World Academic Community to the city, to learn from each other in an environment of freedom and respect for other people's opinions and beliefs. After all, the free expression of one's opinion formed the basis for the development of democracy, and Athens was its cradle. As it turned out, the Golden Age of Athens was in fact, the Golden Age of the Western Civilization. Education and (Re)searching for the 'truth' are the pillars of any free (democratic) society. This is the reason why Education and Research are the two core words in ATINER's name.

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Section: Ethics and Integrity In Accountabilitymentioning

confidence: 99%

Untitled

2022

AJL

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“…Therefore, “the Ahtisaari Plan does not legally validate Kosovo’s Constitution – the reverse occurs. Although the Ahtisaari Plan authorises the adoption of Kosovo’s Constitution, it had no legal power to do so” (Morina et al, 2011, p. 57). This is already an odd situation, nevertheless, the EULEX mission deepens legal confusion.…”

Section: Contradictionsmentioning

confidence: 99%

Legal and Political Contradictions in Kosovo: Limits of the Brussels Agreement

Semenov¹

2022

SAGE Open

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The present tensions in Belgrade-Pristina relations highlight the relevance of consensus regarding the question of Kosovo. This article argues that unilateral decisions produce anti-debates by introducing the thesis that Kosovo is a unique case and impose various legal dilemmas that engender discrepancies between legal documents and practice. Drawing from the indisputable achievements of the EU, the article argues that there is a “silent” consensus among the actors (Kosovo, Kosovo Serbs, and Serbia) on the status of Kosovo as a European protectorate.

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“…But how do the constitutions of Kosovo and Serbia determine the ratification and thus the status of international agreements? In general, the Constitution of the Republic of Kosovo offers a friendly approach to the status of international law (Morina et al 2011), evidenced by a certain number of articles in the Constitution, such as Article 19. In this context, the constitutional system of Kosovo places international agreements (treaties) above legal provisions as regards their power, but below constitutional provisions (Hasani, 2015a: 14).…”

Section: Switching the Dialogue Process From The Technical To The Pol...mentioning

confidence: 99%

The process of dialogue between the Republic of Kosovo and the Republic of Serbia: A review from a constitutional perspective

Muçaj¹,

Balaj²

2019

SEER

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This article aims to present a clear picture of the attempts towards the normalisation of relations in the western Balkans between the Republic of Kosovo and the Republic of Serbia via the process of the dialogue, facilitated by the UN General Assembly and mediated by the EU, which began more than eight years ago. The dialogue has produced different results for both countries so far, including various consequences and implications which have a constitutional nature. Taking this into account, this article offers an analysis of the perspective and the constitutional dimensions of the Kosovo-Serbia dialogue, drawing on the legal and factual actions that have been undertaken by the parties in the process thus far. The article analyses this dialogue and draws conclusions regarding the ending of the process and, in practice, how the final normalisation of relations should look, including the drawing up of a final agreement of reconciliation between the Republic of Kosovo and the Republic of Serbia. The constitutional consequences which can be the product of such an agreement are also examined.

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The relationship between international law and national law in the case of Kosovo: A constitutional perspective

Cited by 13 publications

References 0 publications

Untitled

Untitled

Legal and Political Contradictions in Kosovo: Limits of the Brussels Agreement

The process of dialogue between the Republic of Kosovo and the Republic of Serbia: A review from a constitutional perspective

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