The analysis of un activities in resolving the issue of Kosovo and Metohija

Abstract

After the Security Council had established the international administration in Kosovo on grounds of the Resolution no. 1244 of 10 June 1999 for the construction and reconstruction of the legal and economic systems, the support and protection of human rights, the provision of humanitarian and other assistance, it adopted the conclusion that the achievement of a political settlement for the southern Serbian province would primarily depend on the development and consolidation of peace and security. Accordingly, in May 2001, the international administration adopted the Constitutional Framework for Provisional Self- Government in Kosovo, which defined the status of the Serbian southern province as a whole and indivisible territorial entity under the interim international administration. The Constitutional Framework is regulated as a substantial transfer of state responsibilities by the peoples of Kosovo and Metohija to the provisional institutions of self-government and it should “enjoy substantial autonomy within the Federal Republic of Yugoslavia”. This institutional development is aimed at establishing constructive cooperation among various ethnic communities in order to build a common democratic state. Since this solution is not quite legally balanced, it could not go without any negative consequences in terms of national sovereignty. The suspension of sovereignty of the Republic of Serbia in Kosovo and Metohija has eventually contributed to creating of the conditions for the socalled unilateral declaration of independence of the Republic of Kosovo. The analysis of the activities undertaken in the field of resolving the status issue after the unilateral declaration of independence of 17 February 2008 suggests that the solution for the Kosovo and Metohija should be primarily sought within the United Nations system