I. Einleitung II. Internationale Kodifikationsbemühungen und regionale Entwicklungen III. Eigentumsrechtsschutz durch die internationalen Friedensmissionen in Bosnien und Herzegowina und Kosovo IV. Weiterentwicklung von eigentumsrechtlichem Völkergewohnheitsrecht? V. Schlußbemerkungen
The judgment in the Oil Platforms case between Iran & the United States is the third decision by the International Court of Justice in a series that restrictively interprets the international law on the use of force. The article provides an overview of the case & comments in detail on the parties' arguments & the Court's findings on the right to self-defense, essential security interests & related evidentiary issues. The case is seen as a remarkable statement of the world court emphasizing the limits of the use of force & the role of the UN Charter at a time when the traditional law on self-defense is challenged by political events & legal writing. Adapted from the source document.
A case study of the regulation of property issues instituted by the UN Interim Mission in Kosovo (UNMIK) focuses on the period from 10 June 1999 to the inauguration of Kosovo's first Assembly on 10 Dec 2001. Attention is given to legal issues that challenge an international peace operation's legislative capability & enforcement powers. Problems related to the mass destruction of housing & the return of large numbers of refugees were exacerbated by ethnic tensions, discriminatory laws instituted by Serb authorities, breakdown of the court system, & tensions between international legal experts & the local legal community. Temporary housing allocations, the repeal of discriminatory legislation, reestablishment of a property title system, & creation of a Housing & Property Directorate & Claims Commission are described. Although any final assessment of UNMIK's efforts will depend on program implementation & political developments in Kosovo, there was both greater local participation & a gradual shift from decree-like regulations to new institutions. The Kosovo case sheds light on important legal & conceptual questions relevant to future peace operations. J. Lindroth