Питање суверености Босне и Херцеговине с обзиром на овлашћења Високог представника
Bosnia and Herzegovina Sovereignty Issue Considering the Powers of the High Representative

Summary/Abstract: The author analyzes the powers of the High Representative and his activities, in order to answer the question of whether Bosnia and Herzegovina can be named as a state, i.e. whether is BiH sovereign. Sovereignty as a key characteristic of state authority is something that every state must have, because speaking about unsovereign state is contradictio in adiecto, which precisely points to the importance of this topic. During considering this topic, several methods were used in order to examine this problem from different viewpoints, and to give a final opinion about sovereignty of Bosnia and Herzegovina. Primarily, a dogmatic method was used to analyze the relevant legal acts, in particular the Constitution of Bosnia and Herzegovina and the Dayton Peace Agreement, but also the decisions of the Constitutional Court of BiH and the decisions of the High Representative. Also, the author uses the historical method to observe the development of the role of the High Representative in the postdayton period, as well as the logical method, which is necessary for interpreting Annex 10 of the General Framework Agreement for Peace in Bosnia and Herzegovina. Also, the politi method was used, in order to point to the inefficiency caused by political factors, as well as the normative method, which points to the failure to realize the Dayton goals. All methods were used to examine the legal and factual side of the position and actions of the High Representative, in order to give a final answer to the above question. At the appropriate places, author, de lege ferenda, expresses viewpoints about the interpretation of the powers of the High Representative, who often performed the functions of the supreme authority, and subordinated himself Bosni and Herzegovina authorities. The author concludes that the role of the High Representative has diminished over time, and that Bosnia and Herzegovina has the opportunity to become a full-scale state, and achieving this goal is possible only without the involvement of international actors.

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