Proposal for the arrangement of the final status of Kosovo

This solution, my proposal,  is without historical precedent and might be applicable  to other international problems.

I Basics

A Kosovo is both, a subject to international law and a regional corporation of the Republic of Serbia.

B The Albanian  Kosovars are only attributed to Kosovo as a subject of international law
(1st legal sphere).

C The  Serbian  Kosovars  are only attributed  to Kosovo as a regional  corporation  of the
Republic of Serbia (2nd legal sphere).

D All other nationalities living in Kosovo have to decide, whether they want to be a part of Kosovo as subject to international law or as a regional  corporation of the Republic of Serbia (1st of 2nd legal sphere).

E  A third legal sphere is formed by the following relationships  which influence both of the other legal spheres:

1.  between Albanian  Kosovars  and Serbian  Kosovars,
2.  between Kosovo as a subject to international law and Kosovo as a regional corpo- ration of the Republic of Serbia,
3.  between Kosovo as a subject to international law and the Republic of Serbia.

F  Every legal sphere has its own administrative entities separated from those of the other legal  spheres  (notably:  administration,  police  and  judiciary).    To  each  legal  sphere separate legal norms apply which are issued by the appropriate entities of the Republic of Kosovo (1st legal  sphere),  of the Republic  of Serbia  (national)  or of Kosovo as a regional corporation (local) (2nd legal sphere) or of the shared  institutions of Kosovo- Serbia (3rd  legal sphere).

G  Every legal sphere must respect the authority of the other legal spheres.  The authorities have to act in a way that complies with the basic aim to achieve equal living conditions, legal and  economical  unity in necessary  measure.   First the international community, later a specially formed arbitrating body (occupied  in parity) should  keep watch  over this.

II  1st  legal sphere: Kosovo as  a subject  to international  law

A Only Albanian  Kosovars  and nationalities  which have  opted  for this  legal sphere are subject to it.

B There  is a Kosovarian  citizenship, flag/banner and anthem.

C Kosovo  is a democratic,  social and  undividable  republic  based  on law with  its  own constitution, own democratically legitimized government body and its own laws.

D Kosovo has all competences of an independent state and because of this it is a member of the international community.

III 2nd legal sphere:  Kosovo as  regional corporation of the Republic of Serbia

A Only  Serbian  Kosovars  and  nationalities  which  have  opted  for this  legal  sphere  are subject to it.

B There  persists the Serbian  citizenship.

C The constitution and laws of the Republic of Serbia apply.

D The regional corporation of Kosovo has a right of self-government within the constitu- tion and laws of the Republic of Serbia.

IV The third legal sphere

The third legal sphere only applies to the relationships between the Albanian  and the Serbian Kosovars, the Republic of Kosovo and the regional  corporation of Kosovo and the Republic of  Kosovo  and the Republic of Serbia.  In all other  cases the rules of the 1st  and 2nd legal spheres apply separately and independendly.  Each  legal sphere has its own institutions and authorities.  The third legal sphere has to be regulated in detail within the scope of a inter- national legal treaty.
Laws based on this treaty must be issued by shared  institutions.
For a shared  institution I propose a council in which the delegates of the Republic of Kosovo and the Republic of Serbia are represented in equal numbers.  The  council could be formed out of members of both state parliaments (Kosovo, Serbia)  or delegates of the governments of both states. In the last case legal agreements have to be ratified by both parliaments.
I present the three legal subspheres separately.

A Relations between Albanian  and Serbian  Kosovars
The following shared  branches  of law have to be arranged:

1.  shared  civil law
2.  shared  commercial law
3.  shared  criminal  law

These shared  laws do only apply to the legal relations between members of the 1st and
2nd legal spheres.  Within  each particular  legal sphere only the according  laws of the
Republic of Kosovo and the Republic of Serbia apply.

This  means  that if an  Albanian  Kosovar  commits  a crime  against  another  Albanian  Kosovar the criminal law of the Republic of Kosovo applies; in the same case concerning two Serbian Kosovars  the criminal  law of the Republic of Serbia applies.
But if an Albanian  Kosovar  commits  a crime against  a Serbian  Kosovar  or the other way around the shared  criminal  law applies.

B Relations  between  the Republic  of Kosovo  and  the autonomic  regional  corporation
Kosovo
The following has to be regulated:

1.  all questions  regarding  public law that fall into  the competence  of the regional corporation Kosovo and not into the competence of the Republic of Serbia,
2.  regional administration matters,
3.  regional shared  administration organisation, for the shared  branches  of law, espe- cially shared  police and judiciary,
4.  public policy and traffic,
5.  shared  usage of public facilities.

C Relations between the Republic of Kosovo and the Republic of Serbia
Both  sides accept  the legal distinctiveness  of Kosovo and make  allowances  for it.  In particular the Republic of Serbia will acknowledge the Republic of Kosovo with regards to  international  law  and  the Republic  of Kosovo  will accept  that it is part of the Republic of Serbia as a regional corporation.  Both parties guarantee smooth processes within the third legal sphere.
The following areas have to be regulated:

1.  questions  regarding  public law that fall into  the competence  of the Republic of
Serbia,
2.  shared  institutions,
3.  public security, shared  police and judiciary,
4.  questions of possession,
5.  shared  custom affairs,
6.  shared  finances and economy, especially questions regarding  the currency,
7.  freedom of movement for the citizens of the Republic of Kosovo and of the Republic of Serbia and for foreigners within both republics,
8.  questions regarding  outer security,
9.  questions regarding  the over-all status,
10.  installation of a shared  court of arbitration for disputes.

V  Advantages  of this  proposal for solution

A For the Albanian  Kosovars

1.  an independent state with its own constitution, institutions and laws,
2.  independence from the Republic of Serbia.  The Republic of Serbia has no influence on the Republic of Kosovo and on the Albanian  Kosovars,
3.  the Albanian  Kosovars  are no minority in the Republic of Serbia and don't have to participate in the institutions of the Republic of Serbia,
4.  no division of Kosovo,
5.  certainty of law and freedom of action inwards  and outwards,
6.  equal  participation  in the third legal sphere.   No party can  dominate  the other one.

B For the Serbian  Kosovars  and for the Republic of Serbia

1.  Kosovo stays part of the Republic of Serbia,
2.  independence  from the Republic of Kosovo.  The  Republic of Kosovo has no in- fluence on the regional  corporation of Kosovo and on the Serbian  Kosovars.  The Serbian  constitution  and the constitution  of the regional  corporation  of Kosovo apply,
3.  the Serbian  Kosovars  aren't a minority in the Republic of Kosovo and don't have to participate in the institutions of the Republic of Kosovo,
4.  no division of Kosovo,
5.  certainty of law, the Serbian  constitution won't be violated,
6.  equal  participation  in the third legal sphere.   No party can  dominate  the other one.

VI  Disadvantages  of this  proposal for solution

The third legal sphere limits the 1st and 2nd legal spheres in their freedom of legal arrange- ment.
The administrative expense increases because of the third legal sphere.
Personal  conflicts between the two ethnic groups can't be overcome  by it, this must be a matter of reconciliation policy.

VII Implementation  of this  proposal

This proposal  for solution is without precedent in international law.
But comparable  solutions do exist in other branches  of law. As an instance I want to adduce the constitution of the SFR Yugoslavia  from February 21st, 1974.
According  to Yugoslav constitutional law the Kosovo was a part of the Yugoslav Federation as well as part of the Republic of Serbia.  As a part of the Yugoslav  Federation the Kosovo was legally and  effectively  nearly  equal in rank  to a Yugoslav  Republic.  My proposal  pro- ceeds further in this direction separating two legal spheres including their members (citizens) completely from one another.  Only where relations between these legal spheres and between their members  exist, shared  rules apply.
This  proposal  is realizable  following comparable  legal arrangements  in agreement  with  in-
ternational and state law.  It is compatible with international and Serbian  law and with the legal principles of the up to now not recognized Republic of Kosovo.  There were similar ideas put forward  from other  people dealing  with  international  law, e.  g.  for the solution  of the Israeli-Palestinian conflict. The exact implementation has to be worked out by both conflict parties under international supervision.

VIII Closing word

Even  this proposal  can't aspire to present an absolutely fair solution.  I regard  all points of view,  that of the Albanian  Kosovars  and that of the Serbian  Kosovars  respectively that of the Republic of Serbia as absolutely equal-ranking. But if both attitudes are equal-ranking, then no rational solution of the problem in favor of one side or another will be possible.  Any compromise  will be unfair  and  dissatisfying.   Nevertheless  there  is a solution,  that comes close to the optimal scenario  of realizing both standpoints simultaneously.  This  may sound contradictory,  but it's nevertheless the only possible conclusion  out of the fact, that for me both positions are equal-ranking. In doing so I accept the fact, that both parties will insist on their attitude and won't agree with my point of view.
But in my opinion, my solution is preferable,  because any other solution would discriminate
more strongly against one party and would thus work as a precondition for further conflicts between  both ethnic  groups.   I wish for a solution  of the Kosovo-problem  to be as fair as possible.  Any  solution  has to start from the acceptance  that the positions  of both parties are equal-ranking and has to try to reconcile them.  No solution may be enforced against the will of one of the conflict parties.
The same applies also to a lack of action, that prefers one party over the other.  Any one-sided solution wouldn't be fair and would thus be no lasting solution at all.
I am  prepared  to help  to the best  of my knowledge  and  belief and  at any  time  to find a solution and I hope that my proposal can contribute to a final arrangement for the status of Kosovo.