Copyright (c) 2005 Chicago-Kent College of Law
Chicago-Kent Law Review
SYMPOSIUM: FINAL STATUS FOR KOSOVO: UNTYING THE GORDIAN KNOT: III. ARTICLE: SOME KEY PRINCIPLES FOR A LASTING SOLUTION OF THE STATUS OF KOSOVA: UTI POSSIDETIS, THE ETHNIC PRINCIPLE, AND SELF-DETERMINATION
80 Chi.-Kent L. Rev. 353
Zejnullah Gruda, PhD*
I. The Options for the Solution of the Kosova Issue
Kosova is a subject sui generis. Resolution 1244 placed Kosova under the mandate of the U.N. and authorized an international civil and security presence. 1 Resolution 1244 stresses the temporary character of the current situation and envisions that the future status of Kosova will be determined later. The Resolution leaves open all options for final status, from the independence of Kosova up to the restoration of Serbian authority. Different analysts, diplomats, and forums that have dealt with the issue of final status have presented various options, some of greater interest a few years ago, and others of greater interest now. The following options and solutions either have been suggested in the past and are now discarded or impossible, or are currently on the bargaining table:
1. The preservation of the status quo Preservation of the status quo was obviously one option before the NATO bombings. Kosova would have continued to be governed from Belgrade, and Serbian police and military forces would have continued to enforce Serbian law. This option was rejected by the Contact Group, which was originally formed to promote peace in Bosnia. 2 A return to the status quo is a possibility if all negotiations between Kosovar Albanians and Serbs and strategies by the international community fail. A reinstatement of Serbian authority over Kosova is unlikely, however, as Kosovar Albanians would probably never accept such an extreme solution.
2. The autonomy of 1974-minus The 1968 amendments to the ...
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