Kosovo – a State Sui Generis?
Kosovo – a State Sui Generis?

Summary/Abstract: Abstract. Is Kosovo an international protectorate legalized by SC Res. 1244/1999? Or is it an independent state and as such a regular member of the international community? If the former assumption is accurate, how can permanent members of the Security Council recognize this entity as an independent state when Res. 1244/1999 unmistakably marked it as part of another sovereign state, the Federal Republic of Yugoslavia? If the latter assumption is valid, how, then, can the presence of UNMIK and the powers of the International Civilian Representative in Kosovo be justified? Does not the term “interim” in this institution’s title suggest that the transitory period should end once Kosovo has become an independent state? The article discusses these questions, starting with a brief account of the legal preconditions of recognition and continuing with an interpretation of Kosovo’s particularities as a political entity. It then discusses the legal meaning of the international administration based upon Res. 1244/1999, as well as the relationship of Ahtisaari’s status settlement proposal and Kosovo’s declaration of independence. Finally, it discusses the question of whether trusteeship and neo-trusteeship are appropriate concepts for understanding Kosovo’s present status. In conclusion, the article assesses Kosovo’s status as sui generis.

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