UN Territorial Administration and Human Rights: The Mission in Kosovo, 1st Edition (Hardback) book cover

UN Territorial Administration and Human Rights

The Mission in Kosovo, 1st Edition

By Gjylbehare Bella Murati

Routledge

280 pages

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Hardback: 9781138103344
pub: 2020-04-27
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Description

This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration. By analysing and assessing the practice of UNMIK, this book offers original and insightful analysis of the human rights shortcomings that arise in the practice of UN territorial administration. It provides arguments based on law and principles, to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely its legislative, judicial, and executive power.

The author offers an extensive and well documented analysis on the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society.

UNMIK: Human Rights in a Surrogate State Administration provides a detailed critical legal analysis of one of the major UN administrations of territory, post-Cold War, namely the UN administration of Kosovo from 1999 to 2008. The analysis in this book would be beneficial to international law and international relations scholars and students, as well as policy-makers and persons working for international organizations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding State institutions, while upholding the rule of law and ensuring respect for human rights.

Table of Contents

1. Making Laws for Others: Managing Complexity

2. The Paradigm of an Independent Judicial System under International Administration

3. The Paradox of UNMIK’s Justice System: Measuring the Performance of UNMIK’s Courts and its Quasi-Judicial Bodies

4. The Extent of UNMIK’s Authority on the Ground

5. Between Immunity and Accountability: The Immunity and Privileges of UNMIK

6. Holding UNMIK Accountable for Human Rights Violations

7. General Conclusions: UNMIK's Legacy

About the Author

Gjylbehare Bella Murati is Assistant Professor of International Relations and International Diplomatic Law at Haxhi Zeka University, Kosovo. She holds a PhD in Law from Ghent University, Belgium, LL.M. from Essex University, UK, and B.A in Law from Universities of Prishtina, Kosovo, and Utrecht, the Netherlands. Previously she was an associate postdoctoral research fellow at Human Rights Centre in Ghent, Belgium, research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, and visiting lecturer at European inter-university center for Human Rights and Democratization in Venice Lido, Italy.

About the Series

Post-Conflict Law and Justice

International law has great relevance in post-conflict contexts, but the complexity of its role, both as a supporting and restraining factor, can be underestimated. This series explores the role of law, and in particular international law, in securing ‘justice’ in post-conflict contexts. The remit of the series extends to matters of law connected to, for example: post-conflict legal reforms and the development of constitutions; the establishment of the rule of law; the place of international organizations in post-conflict; peace-keeping; transitional justice mechanisms (including criminal justice); and discussion of jus post bellum. It also seeks self-reflexive works on notions of post-conflict justice, transitional justice, and similar.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International