Announcement (24 October 2019)
Announcement (24 October 2019)
Today, in Prishtina we continued the series of presentations of studies on the final phase of the Kosovo-Serbia dialogue. At today's press conference, Kushtrim Palushi, an external expert at RIDEA Institute, has presented the next study on 'The Claims of Serbia regarding the 'Investments' from Serbia socially owned enterprises in Kosovo after 1999 in the context of an eventual 'Grand Finale''.
 
Some of the main recommendations of this study are as follows: 
 
 

1. Kosovo and Serbia should agree for a process of state succession and sign a binding agreement on state succession issues, similar to the one signed between the former constituent republics of SFRY, whereby they would address the issues presented in this paper and other issues, such as debts, pensions, cultural heritage, archives, and other issues of state succession.

2. Trepca Mining Complex and the underground mineral reserves under its management are the property of Kosovo and only Kosovo has the sovereign right to exploit its natural resources under applicable rules of international law. Serbia cannot claim ownership rights for Trepca nor its assets as they were built and exploited from SFRY during its existence. Trepca shall recognize debts and liabilities towards private creditors such as Mytileneos AS and SCMM, and these debts shall be paid for by Trepca and or Kosovo State as Trepca’s owner.

3. International debts of SFRY taken for the financing of socially owned enterprises such as Trepca and Brezovica Ski Center shall be addressed with Serbia in the context of debt succession on an equitable basis. Serbia shall not claim and

4. The Special Chamber on Privatization Issues of the Kosovo Courts shall decide on claims made by private creditors towards socially owned enterprises of Kosovo, such as Trepca, Brezovica Ski Center and the like, and those claims shall be satisfied by either the proceeds of sales of those enterprises or their assets or by the Republic of Kosovo in case of nationalization.

5. Socially owned enterprises’ assets should be recognized, protected and compensated. Since both Kosovo and Serbia have assets in one another, they could agree on the exchange of those assets, provided this exchange is done on an equitable basis. Alternatively, they could agree on the compensation of the assets, which would need a process of valuation. Any private citizens or private entities rights over the assets, in case they have been rightfully acquired should be protected pursuant to European Convention on Human Rights and Freedoms or compensated by the states in case of transformation or nationalization of the same.

6. A process of restitution of property rights should be initiated in case Serbia insists on claims over properties in Kosovo. The process of restitution of property rights would enable private citizens and entities in Kosovo, whose property was privatized, confiscated or transformed during the period of 1989 until 1999 to claim ownership rights on the properties which were discriminately transformed during the above period.

7. Further, entities in Serbia and other creditors could file investment claims against Kosovo before World Banks’ International Center for the Settlement of Investment Disputes in Washington D.C., in case they have a litigate claim against Kosovo.

8. Legitimate creditors’ rights shall be recognized and to the extent possible protected or compensated by the proceeds generated by the privatization process or by Kosovo’s budget.

9. In case Kosovo and Serbia cannot agree on the above matters and other related issues of state succession, they could establish an arbitral tribunal similar to the Badinter Commission for the SFRY, which would finally settle all the outstanding issues between them.

RIDEA Publications
RIDEA Publications RIDEA publishes academic articles in internationally peer-reviewed journals, commentaries and op-eds in the newspapers.
Reports / Policy Briefs
Reports / Policy Briefs THE SUBSTANCE AND STATUS OF IMPLEMENTATION OF KOSOVO-SERBIA DIALOGUE’ AGREEMENTS
Academic Articles
Academic Articles Essentially Contested? Kosovo’s Perplexing and Mixed International Statebuilding Record. Gëzim Krasniqi.
Journal of European and International Affairs (JEIA)
Journal of European and International Affairs (JEIA) The overall state of the sphere of academic or scholarly publications in Kosovo, Albania, Montenegro and other countries.
Commentary/OP-ED
Commentary/OP-ED Brussels Prelude to Kosovo (The Parliament) 31st October 2013. Labinot Greiçevci.
E-newsletter
E-newsletter Biannual summary of RIDEAs activities.