Pravna priroda i političke refleksije bosanskohercegovačkog federalizma
Legal Nature and Political Reflection of Federalism in Bosnia and Herzegovina

Author(s): Lejla Balić
Subject(s): History of Law, Constitutional Law, Political history, Government/Political systems, Politics and law, Transformation Period (1990 - 2010)
Published by: Fondacija Centar za javno pravo
Keywords: Bosnia and Herzegovina; federalism; constitution; Dayton Peace Agreement; entities of BiH;
Summary/Abstract: Constitution of Bosnia and Herzegovina defines that Republic of Bosnia and Herzegovina, shall continue its legal existence under international law as the Bosnia and Herzegovina with modified internal structure with its internationally recognizes borders. So it can be concluded that transformation of Bosnia and Herzegovina from unitary state to complex state has been result of devolution (changing internal structure of state). But, ever since the Dayton Peace Agreement was signed there has been continuous disagreements about the way that Bosnia and Herzegovina has originated. Despite precise constitutional provisions, some theoreticians consider Bosnia and Herzegovina as a “new” state, result of unification of independent states (Republic Srpska and Federation of Bosnia and Herzegovina) and on that premise they define Bosnia and Herzegovina as confederation or union based on idea of entity statehood. So the main focus of this paper is to analyze question of identity and continuation of Republic of Bosnia and Herzegovina with “Dayton” Bosnia and Herzegovina and to determine mode of origin of Bosnia and Herzegovina as devolution or association.

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