The Protection of Human Rights Through the Dayton/Paris Peace Agreement on Bosnia

1996 ◽  
Vol 90 (2) ◽  
pp. 301-316 ◽  
Author(s):  
Paul C. Szasz
Keyword(s):  
Air Force ◽  
Bosnia And Herzegovina ◽  
General Framework ◽  
The European Union ◽  
Peace Agreement ◽  
Framework Agreement ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Air Force Base ◽  
Republika Srpska

The Bosnia Proximity Peace Talks at the Wright-Patterson Air Force Base near Dayton, Ohio, took place from November 1 to 21, 1995, and ended with the initialing of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA) and several of the annexed or related instruments by representatives of the principal states parties to the conflict in Bosnia: the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. The initialing was witnessed by representatives of the European Union and the five states members of the Contact Group on Bosnia. In addition, all of the twelve instruments annexed to the GFA were also initialed or otherwise endorsed on behalf of the Federation of Bosnia and Herzegovina and the Republika Srpska. The GFA and these instruments were formally signed in Paris on December 14, and thereby immediately entered into force.

The Bosnian Peace Accord

1996 ◽  
Vol 9 (1) ◽  
pp. 131-140 ◽  
Author(s):  
Bertie Ramcharan
Keyword(s):  
Federal Republic ◽  
Bosnia And Herzegovina ◽  
General Framework ◽  
Framework Agreement ◽  
Peace Accord ◽  
The Republic

In Dayton, Ohio, on 21 November 1995, after three weeks of proximity talks, the Bosnian parties, joined by the Federal Republic of Yugoslavia and the Republic of Croatia, initialled a General Framework Agreement for Peace in Bosnia and Herzegovina, together with twelve Annexes. Following an implementation conference held in London on 8 and 9 December 1995, the General Framework Agreement and its accompanying Annexes were signed in Paris on 14 December 1995. They came into force upon signature.

scholarly journals Constitutional Basis for the Application of the EU Regulation on Electronic Identification and Trust Services in the Republic of Srpska // Ustavnopravni osnov primjene EU uredbe o elektronskoj identifikaciji i uslugama povjerenja u Republici Srpskoj

2019 ◽  
Vol 9 (9) ◽  
pp. 160
Author(s):  
Siniša Macan ◽  
Siniša Karan
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Business Community ◽  
Electronic Business ◽  
The European Union ◽  
Electronic Signature ◽  
Goods And Services ◽  
The Republic ◽  
Republika Srpska

The Constitution of Bosnia and Herzegovina guarantees the right free exchange of goods and services throughout the territory of Bosnia and Herzegovina. In the process of integration into the European Union, Bosnia and Herzegovina and Republika Srpska have committed themselves to adapting their regulations to EU legislation.The exschange of goods and services has switched to the domain of electronic business, by developing Internet technologies. Administration can be viewed through services provided to citizens and the business community. It can be noted that these services can be services that are available to users through different communication channels. The administration can also provide its services according to prencipes on which e-commerce is basedAccording to mentioned above, the European Union, in accordance with the Functioning Agreement, defined through the European regulation of services, services that should make available the common market in each member state of the Union. In addition, the European Union has identified ways of identifying and implementing the services of trust in the market through the adoption of eIDAS regulations, that is, the Regulation on electronic identification and trust services for electronic transactions in the internal market No. 910/14Bosnia and Herzegovina and Republika Srpska have an obligation to adopt legal framework and implement obligations adopted by eIDAS regulations. The Constitution of Bosnia and Herzegovina defines that all governmental functions and powers not expressly assigned to the institutions of Bosnia and Herzegovina are responsibilities of the Entities. Therefore, regulating the electronic services market is the competence of the Entities. Accordingly, the Republic of Srpska has adopted a set of laws that are in line with eIDAS regulations, defining terms that are regulated by eIDAS regulations related to electronic business, electronic identification and trust services.In 2006, Bosnia and Herzegovina adopted the Law on Electronic Signature, using the provisions of the Constitution of Bosnia and Herzegovina that everything that the Entities agree on is the competence of Bosnia and Herzegovina. This law does not comply with eIDAS regulations. The paper describes how to apply eIDAS regulations in the Republic of Srpska and presents the situation in the field of application of the European Service Directive, as well as the ways to fully implement eIDAS regulations and exchange information on trust services and certification bodies with the institutions of the European Union and other Member States.

Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’

ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 153-161
Author(s):  
Mirha Karahodžić
Keyword(s):  
Bosnia And Herzegovina ◽  
European Convention ◽  
Constitutional Court ◽  
International Convention ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

Abstract In its decision U 3/13 from 26 November 2015 the Bosnian Constitutional Court found on the request of a Member of the Presidency of Bosnia and Herzegovina that Article 3 (b) of the Law on Holidays of the Republika Srpska concerning the 9 January as ‘Day of the Republic’ is not in conformity with Article I (2) of the Constitution of Bosnia and Herzegovina, Article II (4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1 (1) and Article 2 (a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination, and Article 1 of Protocol No 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court ordered the National Assembly of the Republika Srpska to harmonize Article 3 (b) of the Law on Holidays of the Republika Srpska with the Constitution within a time limit of six months from the date of delivery of the decision and to inform the Constitutional Court of the measures taken to enforce the Decision.

scholarly journals Constitutional and political nature of Decision of the High Representative in Bosnia and Herzegovina / Ustavnopravnopravna i politička priroda Odluka Visokog predstavnika u Bosni i Hercegovini

2015 ◽  
Vol 5 (5) ◽  
pp. 69
Author(s):  
Siniša Karan
Keyword(s):  
Bosnia And Herzegovina ◽  
General Framework ◽  
Political Action ◽  
Framework Agreement ◽  
Legal Consequence ◽  
Individual Decisions ◽  
The Republic ◽  
Set Up ◽  
The Moment ◽  
The Right

Nowadays, there are divided opinions in Bosnia and Herzegovina when it comes to further mandate of the OHR and the institution of the High Representative. However, the e nd of the mandate of the High Representative is realistically expected in the near future. The need to abolish the office of the OHR and the institution of the High Representative has been mentioned increasingly in Bosnia and Herzegovina, especially in the Republic of Srpska. The reasons for the abolition of the function of the High Representative are different between the entities in Bosnia and Herzegovina as well as among its constitutive peoples. The authority of the High Representative has been increasingly questioned.It is on that basis that questions arise more frequently whether his (High Representative) legal acts will be valid, in particular individual decisions, such as deprivation of certain rights to citizens, the right to work, political action and passive right to vote. Representatives of the international community are worried that the interested domestic political circles could set a thesis (and be successful at it) that all acts of the High Representative will cease to apply at the moment when Annex X of the General Framework Agreement for Peace in Bosnia and Herzegovina is ended.A number of imposed laws not yet adopted by the local legislator himself, in the event of cancellation, would actually return BiH to the original competences under the Constitution BiH, as the legal consequence. The institution of the High Representative was set up by Annex X (Agreement on Civilian Implementation of the Peaceful Solution) of the General Framework Agreement for Peace in Bosnia and Herzegovina.Simultaneously, bearing in mind these facts, legally speaking, Bosnia and Herzegovina can not be classified into any known form of international dependence, however, the objective situation is such that Bosnia and Herzegovina with the powers vested in the High Representative and the actions that he is taking, can be considered a state with a specific form of international dependence and a special form of guardianship.

Tržište električne energije u Republici Srpskoj i Bosni i Hercegovini – pregled i analiza u 2020. godini

2021 ◽  
Vol XXIII (4) ◽  
pp. 70-77
Author(s):  
Dunja Mirjanić ◽  
Tihomir Dabović ◽  
Željko Marković
Keyword(s):  
Bosnia And Herzegovina ◽  
Electricity Markets ◽  
Electricity Market ◽  
Necessary Conditions ◽  
Actual Process ◽  
Western Balkans ◽  
Successful Completion ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

- Electricity markets in the Western Balkans are still not fully liberalized, so different of degrees electricity market openness can be observed from country to country and even within the country - Bosnia and Herzegovina is an obvious example. In Republika Srpska, the formal legal conditions for starting the process of opening the electricity market were met with the entry into force of the Law on Electricity in late 2007 and the Rulebook on Supplying Qualified Customers and the Procedure for Changing Suppliers, which entered into force in late 2014. However, the actual process of opening the electricity market did not begin until the Ordinance on Amendments to the Ordinance on the Supply of Qualified Customers and the Procedure for Changing Suppliers entered into force, which entered into force in March 2019. The paper first examines and analyses the activities carried out so far on the liberalization of the electricity market, and provides an assessment of achieved results. The necessary conditions and issues that arise before the further opening of the electricity market in the Republic of Srpska are further analysed. Finally, the most important activities that await all relevant actors, first the RS Government, then the line ministry and RERS, suppliers and businesses that actively participate in shaping the electricity market in order to prepare the market for further opening and meeting conditions for its successful completion were analysed in the text.

scholarly journals FACTORS HINDERING PUBLIC ADMINISTRATION REFORM AND EU ACCESSION: CASE STUDY OF BOSNIA AND HERZEGOVINA

2021 ◽  
Vol 14 (2/2020) ◽  
pp. 79-98
Author(s):  
Sara Rajic
Keyword(s):  
Public Administration ◽  
Bosnia And Herzegovina ◽  
Political Elite ◽  
The European Union ◽  
Peace Agreement ◽  
Post Conflict ◽  
Legal Method ◽  
Public Administration Reform ◽  
The Government

Public administration represents operations and practice of the government through management, administration and implementation of government policies having in mind public interests and the society as a whole. However, analysis of the political system and public administration in Bosnia and Herzegovina (BIH) reveals that this definition is rather “modified” when it comes to the mentioned country. Even though public administration reform is one of the priorities for BIH, the reasons why it has not been more successful are post-conflict reconstruction and state building, unique political organisation as a result of a peace agreement, veto mechanisms and ethnic quotas which makes the consensus harder to achieve and delays adoption of important strategies. Even though political elite in BIH is committed to public administration reform and the key reform institutions have been established there is a lack of necessary knowledge and skills, competences and most importantly, political will. However, public administration reform definitely represents one of the key conditions for the future of BIH and its accession to the European Union (EU). Undoubtedly, public administration reform is a complex reform, and in this paper, the focus is on the case study of BIH by identifying its key issues on the way to the EU membership. This paper is based on analytical method with an explorative and descriptive purpose, comparative legal method, literature review method, and finally, synthesis of results, combined with professional insight and conclusions.

scholarly journals Adaptive forest management in the context of climate change (on the example of the Republic of Srpska (Bosnia and Herzegovina) and the Central Black Earth Region of Russia)

2021 ◽  
Vol 875 (1) ◽  
pp. 012040
Author(s):  
N Prokhorova ◽  
E Moiseeva ◽  
Z Govedar
Keyword(s):  
Climate Change ◽  
Forest Management ◽  
Bosnia And Herzegovina ◽  
Practical Implementation ◽  
Forest Steppe ◽  
Adaptive Forest Management ◽  
The Face ◽  
The Republic ◽  
Multi Stakeholder ◽  
Republika Srpska

Abstract The article examines the systems of adaptive forest management in the Republika Srpska (Bosnia and Herzegovina) and forest-steppe and steppe regions of the Central Black Earth region of Russia (within the Voronezh region) in the context of climate change, suggests measures for adaptive forest management. The concept of adaptive measures can be useful to rationalize and focus existing views on adaptation and restoration of forests. This area is designed to help reforestation, with particular attention to the ability of ecosystems to self-organize in the future and adapt to changing environmental conditions. adaptive capacity It is imperative to consider new or unparalleled ecosystems to ensure the best mix of ecosystem services in the face of future uncertainties. substantiation of improving models of forestry in the context of climate change and ensuring their practical implementation. Directions for further research in this area should relate to the development of risk-based planning approaches and multi-stakeholder decision-making.

scholarly journals The Republic of Srpska between Scylla and Charybdis

2005 ◽  
pp. 125-156
Author(s):  
Milijan Popovic
Keyword(s):  
Bosnia And Herzegovina ◽  
International Community ◽  
Constitutional Court ◽  
Peace Agreement ◽  
Police Reform ◽  
Legal Nature ◽  
Yugoslav Republic ◽  
Dayton Peace Agreement ◽  
The Republic ◽  
National Defence

The Republic of Srpska was created during the civil war in the territory of the former Yugoslav republic of Bosnia and Herzegovina in 1992-1995. Within the general framework of the agreement to establich peace in Bosnia and Herzegovina (the Dayton Peace Agreement), in Novembar 1995 it was recognized as an entity within Bosnia and Herzegovina. According to the Dayton Constitution, by its legal nature The Republic of Srpska was a confederative unit (with some elements of a federal unit) within Bosnia and Herzegovina as a confederation (with the some elements of a federation). During the last ten years, both Bosnia and Herzegovina and The Republic of Srpska underwent deep transformations. An indication of these deep transformations was the decision of the president of the Arbitration Tribunal to establish the District of Brcko as the third entity sui generis (in addition to The Republic of Srpska and The Federation of Bosnia and Herzegovina). Two basic levers in the anti-Dayton transformational processes which occurred in Bosnia and Herzegovina and its entities were The Constitutional Court of Bosnia and Herzegovina, as well as The High Representative of the international community for Bosnia and Herzegovina. The Constitutional Court of Bosnia and Herzegovina passed a series of anti-Dayton decisions; by its consequences the most far-reaching decision was related to the issue U 50/2000 which declared the constitutionality of the Bosniacs, the Croats and the Serbs in the entities. On the basis of that decision, in 2000 a set of amendments to The Constitution of The Republic of Srpska was passed which deeply changed the legal nature of The Republic of Srpska. It was transformed from a confederative into to a federal unit. The anti-Dayton activity of The High Representative of the international community is even more pronounced. He became the main constitutional and legislative factor of Bosnia and Herzegovina and its entities. Under his pressure, in 2003 new amendments to The Constitution of The Republic of Srpska were passed which further diminished the authorities in The Republic of Srpska, specially in the field of national defence and public security. The High Representative himself brought and declared dozens of laws for Bosnia and Herzegovina with which he transformed Bosnia and Herzegovina from the union of states into a federation. With the police reform he announced, he is preparing to regionalize Bosnia and Herzegovina, not taking into account the entity borders, and thus to pave the way for the final abolition of entities including The Republic of Srpska.

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