Bosnia and Herzegovina - a a state or a protectorate? Cover Image

Bosna i Hercegovina - država ili protektorat?
Bosnia and Herzegovina - a a state or a protectorate?

Author(s): Esad Oruč, Davor Trlin
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Politics and law
Published by: Internacionalni Burč univerzitet
Keywords: Protectorate; International Community; High Representative; Peace Implementation Council; Bonn Powers;

Summary/Abstract: In this paper, through the analysis of the normative framework for the operation of these institutions, but also their activity, and the application of international standards in BiH, we will try to find an answer to the question of whether Bosnia and Herzegovina is a state or a protectorate. A lot has been achieved through the implementation of the Dayton Agreement, but most of it was due to the activity of the international community. According to the General Framework Agreement for Peace, this activity does not envisage a protectorate. However, especially in the first years of the functioning of post-Dayton Bosnia and Herzegovina, many constitutional and legal theorists tried to define the legal nature of Bosnia and Herzegovina's dependence on the international community in certain elements (which later softened). The results showed no unambiguous answer. In the last fifteen years, this issue has moved to the periphery of interest in domestic and regional constitutional and legal science. But it seems the time to re-establish it has come, especially in light of the announcement of changes in the attitudes of key actors in the international community towards Bosnia and Herzegovina. We are also interested in the issue related to this central research, which is the degree of sovereignty of the state of Bosnia and Herzegovina inside and outside, given the Dayton construct of the international community's involvement in the constitutional and political system of Bosnia and Herzegovina.

  • Issue Year: 3/2020
  • Issue No: 2
  • Page Range: 33-47
  • Page Count: 15
  • Language: Bosnian