Уговорни капацитети Босне и Херцеговине и ентитета у свјетлу правила међународног уговорног права
Treaty-making Capacities of Bosnia and Herzegovina and Its Entities in the Light of Rules of International Treaty Law

Author(s): Sanja Kreštalica
Subject(s): International Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: International treaty; Treaty-making capacity; Federal units; Vienna Convention on the Law of Treaties;
Summary/Abstract: This paper is devoted to the in-depth examination of the existing rules of international treaty law specifically related to the treaty capacity of a compound state. The author intends to shed light on the controversies surrounding the issue of treaty-making capacities of federal units, as entities within a compound state. Consulting the legal theory, followed by the positive solutions contained in the Vienna Convention on the Law of Treaties, and finally the practice of states, the author seeks to find a way and point out the regularities in providing answers to this deeply controversial question. Finally, the author deals with the solutions contained in the legal order of Bosnia and Herzegovina, as a state that represents a kind of a federal state with some important peculiarities. The author concludes that the answer to the question of whether and when federal units possess the treaty-making capacity in the international legal system cannot be given if the specifics of the internal organization of a particular state are not taken into account. Finally, the state does not live in a legal vacuum but stands side by side with others on the international scene.

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