The Lack of Special and General Usages A Weakness for the Normal and Reliable Function of Kosovo Permanent Tribunal of Arbitration

Abstract

Business relations of economic entities operating in Kosovo have begun to be regulated similarly to those of modern countries, in accordance with the spirit of globalization. In this segment the local institutions recently succeeded in completing the primary legislation and partially the secondary one. Within this activity has been done also the reforming of judicial system, have been redefined the competencies of judicial authorities for disputes in the field of economy and above all within the Chamber of Commerce is established the Permanent Tribunal of Arbitration as a specialized agency for solving disputes of contractual business relations. With all these achievements it is estimated that this court cannot be efficient and functional because starting from 1989 the Usages as juridical resources which are contracted by parties do not only exist but no one has identify, collect and publish them in the official newspaper. Based to this situation there are problems that actually do not have answers and confused situation is creating legal uncertainty. For a long period we have been part of Former Yugoslavia and question arise: are the special and general Usages issued in 22 March 1989, considering the fact that UNIMK Regulation for Applicable Law in Kosovo in the Point 2 allows to implement the Serbian laws after March 1989 if not discriminatory, applicable in Kosovo? No regulation determines the competence of any institution that issue Usages. On the other side we are aware of the fact that the most business relations in the modern world are regulated by contracting Usages and in Kosovo we do not have regulate this segment and the Permanent Tribunal of Arbitration cannot be in the level of its duty.

DOI: 10.5901/mjss.2014.v5n19p108