This article presents an attempt to approach the dispute over Kosovo between
Serbs and Albanians from a non-territorial perspective, with particular
focus on the preservation of the Serbian cultural and religious heritage.
First, we argue that the Kosovo issue is at present commonly understood as
an either-or territorial dispute over sovereignty and recognition between
Serbian and Kosovo Albanian politicians. However, we claim that a lasting
resolution to the Kosovo issue actually needs to account for at least three
separate aspects: 1) status of Northern Kosovo which is ethnically Serbian
and still maintains various ties with the Serbian state, 2) status of
Serbian cultural and religious heritage, chiefly UNESCO world heritage
Serbian medieval monasteries and churches and 3) the fact that the Serbian
population in central Kosovo, i.e. south of the river Ibar, where most of
the mentioned monasteries and churches are located, are located in small
municipalities or enclaves of Serbs surrounded by vast Albanian populations.
We examine the applicability of the non- territorial approach (NTA) to the
Kosovo issue by analyzing the normative framework directly regulating the
Serbian cultural and religious heritage in Kosovo, its preservation and
protection, particularly of Serbian Orthodox monasteries, churches and other
historical and cultural sites, while comparing these regulations to the
existing normative NTAs in Croatia and Montenegro. Arguably, since most
Serbian monasteries and churches are not included in any sovereignty
negotiations, we point to the potential to combine territorial and
non-territorial approaches, regardless of the continued obstacles in
implementation arising from continued contestation of Kosovo?s sovereign
status.