Gjylbehare Bella Murati
April 27, 2020 Forthcoming
Reference - 280 Pages
ISBN 9781138103344 - CAT# Y336601
Series: Post-Conflict Law and Justice
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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.
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