Mogućnosti ponovnog oživljavanja Ustava Republike Bosne i Hercegovine
The Possibility of Reviving the Constitution of the Republic of Bosnia and Herzegovina

Summary/Abstract: The Dayton Peace Agreement which was initialed on November 21 in Dayton and signed on December 14 in Paris brought about the transformation of Bosnia and Herzegovina in terms of its name, where the country lost the prefix Republic and the modification of its internal structure to two entities. Even though the Annex 4 of the Dayton Agreement recognized the continuity of Bosnia and Herzegovina as a state, the necessary amendments to the Constitution of the country, which were stipulated by the Constitution itself, were not carried out, leading to a constitutional-legal discontinuity of Bosnia and Herzegovina. The disadvantages of the Dayton Agreement and its Annex 4 as its integral part providing for the BiH Constitution, indicate that this international agreement and its parts can be challenged according to the rules of the international law and that it contains the reasons that may lead to its cancellation. For that purpose, in 1995 Bosnia and Herzegovina adopted a constitutional law to the Constitution of the Republic of Bosnia and Herzegovina providing for the termination of the peace agreement and the revitalization of Republic if its provisions are not realized. An alternative to the termination of this agreement lies in the assistance from the international community, especially the members of the Contact Group, which could help finding a solution for Bosnia and Herzegovina to fulfill the spirit of Dayton, i.e. that Bosnia and Herzegovina grows and develops as a multicultural, multi-confessional and functional state.

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