Institution Building in Post-Conflict Areas: The Quest for Legitimate Institutions in Kosovo

The pivotal argument of this thesis is that, due to specific circumstances, Kosovo operates as an EU protectorate. Firstly, the political status of Kosovo deeply divides the UN members, including the major powers, which makes unilateral decisions ineffective. This implies that neither side can achieve maximalist demands, and thus further negotiations are required. Secondly, both representatives of Kosovo and Serbia expressed hope that their future is in the EU. Both sides are ready to compromise their legal and/or political status and welcome a solution under the formula: Kosovo to be independent of Serbia even if it means that Kosovo is not a sovereign state; and, Serbia not to recognise Kosovo, even if it means that Serbia loses authority over the region. Thirdly, the great powers, led by the USA and Russia, decided that the conflict and the political status of Kosovo should be facilitated by the EU. This decision, accompanied by the ICJ decision that Kosovo's solution should be sought through the EU political channels, gives the EU role of a moral agent. Finally, while the EU protects Kosovo in international affairs, it also requires from Serbia to recognise Kosovo's institutions and local autonomy