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Commercial Law Reform in territories subject to International Administration. Kosovo & Iraq Different standards of legitimacy and accountability?
The paper will address questions of legality and accountability of the legislative functions exerted by international territorial administrations in the field of commercial law in two recent scenarios that are theoretically different: a UN-authorized mission under Chapter VII of the UN Chart and that of a strictly Occupying Power. No attempt will be made to study other important and interrelated issues, such as the problematic privatizations carried out in Kosovo and Iraq, which do not seem to be compatible with the obligation of administration of public assets (Art. 55 of the 1907 Hague Regulations). […]
I. Introduction.
II. Overview of unmik and cpa regulatory acts affecting commercial law.
III. Legality of the commercial law reforms.
IV. Reviewing and accountability problems.
V. Conclusions.
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The paper will address questions of legality and accountability of the legislative functions exerted by international territorial administrations in the field of commercial law in two recent scenarios that are theoretically different: a UN-authorized mission under Chapter VII of the UN Chart and that of a strictly Occupying Power. No attempt will be made to study other important and interrelated issues, such as the problematic privatizations carried out in Kosovo and Iraq, which do not seem to be compatible with the obligation of administration of public assets (Art. 55 of the 1907 Hague Regulations). […]
I. Introduction.
II. Overview of unmik and cpa regulatory acts affecting commercial law.
III. Legality of the commercial law reforms.
IV. Reviewing and accountability problems.
V. Conclusions.
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