scholarly journals NEUSPEH ŽENEVSKIH PREGOVORA O PREKIDU RATA U BOSNI I HERCEGOVINI JANUARA 1993.

2021 ◽  
Vol 39 (2/2021) ◽  
pp. 435-460
Author(s):  
Vladimir Petrović
Keyword(s):  
United Nations ◽  
European Community ◽  
Clinton Administration ◽  
Negotiation Process ◽  
Former Yugoslavia ◽  
Compromise Solution ◽  
International Conference ◽  
Bosnian War ◽  
Human Losses ◽  
Archive Material

The International Conference on the Former Yugoslavia was created in London in August of 1992 as an instrument for the negotiations conducted by the United Nations and the European Community, represented by Cyrus Vance and Lord David Owen. Until the end of the year, they developed a detailed proposal to settle the Bosnian conflict, known as the Vance-Owen Peace Plan (VOPP). The VOPP was presented to the leaders of the warring factions in Geneva during the first session of talks in January of 1993. On the basis of archive material, judicial records, published documents, and memoirs of the participants, this article aims to reconstruct the dramatic negotiation process, which consisted of several rounds. An analysis of the declared Bosnian, Serbian, and Croatian positions during the negotiations, as well as the interactions among the delegations and relations within them, reveals that all the parties were had been deeply engaged in double dealing. The Croatian side was seemingly ready to sign the VOPP but was undermining it by launching a conflict in the field at the same time. The Serbian side was escalating as well, the Bosnian Serb leaders were not ready to accept the plan, despite the suggestions they had received from Belgrade. Sarajevo was procrastinating, hoping for a direct US involvement in the crisis following the inauguration of the new Clinton Administration. That administration did undermine the plan, which damaged the credibility of the international negotiators. In such circumstances, the plan had slim chances of succeeding. Although a ceasefire would have shortened the Bosnian war by almost three years and cut human losses by at least half, the main negotiators found a compromise solution to be unacceptable. As they defined and propagated maximalist goals, acceptance of a compromise was both damaging their grip on power and defying their worldview.

UN Responses in the Former Yugoslavia: Moral and Operational Choices

1994 ◽  
Vol 8 ◽  
pp. 1-22 ◽  
Author(s):  
Thomas G. Weiss
Keyword(s):  
New York ◽  
United Nations ◽  
Clinton Administration ◽  
Former Yugoslavia ◽  
Moral Choice ◽  
Policy Makers ◽  
Moral Choices ◽  
The Military

What lessons should policy makers, particularly those at United Nations (UN) headquarters in New York and those of the Clinton administration in Washington, be taking away from the military, humanitarian, and diplomatic dilemmas in the former Yugoslavia? Specifically, what have we learned about moral choice as it pertains to recent UN activities? What in fact are the moral choices, and how might they be framed by those in power to make decisions?

The Peace versus Justice Debate Revisited

2020 ◽  
pp. 523-538
Author(s):  
Jacqueline R. McAllister
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Clinton Administration ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
Peace Processes ◽  
Key Stakeholders ◽  
Bosnian War ◽  
Commitment Problems ◽  
Participation Decisions

Critics of international criminal tribunals (ICTs) charge that they undermine peace processes. Advocates of ICTs maintain that there can be no peace without justice. There is still much to learn about wartime ICTs’ impact on peace processes. This chapter addresses how the International Criminal Tribunal for the former Yugoslavia (ICTY) affected efforts to end the Bosnian War. Drawing on over 100 interviews with key stakeholders from the Bosnian peace process, and declassified data from the Clinton administration, the chapter finds that ICTY played a key role in facilitating peace efforts. Among other things, the ICTY’s indictments strengthened mediators’ hand in implementing crucial participation decisions. The ICTY also helped parties to overcome commitment problems. The analysis suggests that the ICTY’s cautious approach to indicting top leaders, coupled with the fact that mediators exercised discretion over the arrest and transfer of suspects, both capture why the ICTY facilitated, versus undermined peace efforts.

Consolidation of Statehood through Membership in the UN: Some Remarks on Kosovo, Democracy and International Law

2018 ◽  
Vol 43 (3) ◽  
pp. 331-349
Author(s):  
Iliriana Islami ◽  
Remzije Istrefi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
State Building ◽  
Former Yugoslavia ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Building Process

Kosovo declared its independence on 17 February 2008. Subsequently, one of the aims of Kosovo’s foreign policy was to further consolidate this position and to justify Kosovo’s prospective membership in the United Nations. This article examines the issue of recognition, elucidating how Kosovo is different from other countries and comparing it with the case of the former Yugoslavia. Other aspects in the state-building process such as ‘building constitutionalism’ will be presented as a step toward justifying recognition and membership. Furthermore, the Advisory Opinion of the International Court of Justice (ICJ) of 8 October 2008 will be presented as evidence of Kosovo’s strengthening international position in its quest for further recognition. Thus, the article will discuss and analyze the arguments in favor of Kosovo being admitted to the UN.

The International Criminal Court's Provisional Authority to Coerce

2012 ◽  
Vol 26 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Antonio Franceschet
Keyword(s):  
United Nations ◽  
Civil Wars ◽  
Security Council ◽  
Ad Hoc ◽  
International Criminal ◽  
World Order ◽  
Former Yugoslavia ◽  
The World ◽  
The Will ◽  
The Right

The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.

scholarly journals Proposals for the Negotiation Process on the United Nations Global Compact for Migration

2017 ◽  
Vol 5 (3) ◽  
pp. 682-693 ◽  
Author(s):  
Víctor Genina
Keyword(s):  
New York ◽  
United Nations ◽  
International Migration ◽  
Negotiation Process ◽  
General Assembly ◽  
Global Compact ◽  
Member States ◽  
Un General Assembly ◽  
The United Nations ◽  
High Level

On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants (the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states' consideration during its 73rd annual session, which starts in September 2018.1 For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration2 adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: • sets forth principles that can inform the actions of governments in relation to international migration at all levels; • enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows”3; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact's follow-up and review process; • defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); • establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and • builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.4

scholarly journals Las Conferencias sobre el Cambio Climático – COP: Compromiso de Estados, Empresas y Comunidad

2018 ◽  
Vol 17 (01) ◽  
pp. 448
Author(s):  
Elsa Inés DALMASSO
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Rio De Janeiro ◽  
Public Awareness ◽  
Global Scale ◽  
Negotiation Process ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
El Sistema ◽  
Heads Of State

Resumen: La Convención Marco de las Naciones Unidas para el Cambio Climático (CMNUCC) establecida en mayo de 1992, en la «Cumbre de la Tierra de Río de Janeiro», entró en vigor en marzo de 1994 con la premisa de reforzar la conciencia pública a escala mundial sobre los problemas relativos al Cambio Climático. Entre sus objetivos principales se destaca la estabilización de las concentraciones de Gases de Efecto Invernadero (GEI) en la atmósfera, para impedir riesgos en el sistema climático. La Conferencia de las Partes (COP) se establece como el órgano supremo de la Convención y la asociación de todos los países que forman parte de ella. Como asimismo lo es en calidad de Reunión de las Partes del Protocolo de Kioto (PK), En las reuniones anuales de la COP participan expertos en medio ambiente, ministros, jefes de estado y organizaciones no gubernamentales con la función de supervisar y examinar la aplicación de la Convención y del Protocolo. El objetivo es preparar inventarios de las emisiones de gases de efecto invernadero por las fuentes y su absorción por los sumideros, promoviendo y facilitando el intercambio de información sobre las medidas adoptadas y el desarrollo del proceso de negociación entre las Partes de la Convención. Concluyendo con la elaboración de un Compromiso de Estados, Empresas y Comunidad respecto a la regulación de los efectos sobre cambio climático.   Palabras clave: Cambio Climático; Naciones Unidas; Conferencia de las Partes.   Abstract: The United Nations Framework Convention on Climate Change (UNFCCC) established in May 1992, at the "Earth Summit of Rio de Janeiro"; It entered into force in March 1994 with the premise of strengthening public awareness on a global scale about the problems related to Climate Change. Among its main objectives is the stabilization of concentrations of greenhouse gases (GHG) in the atmosphere, to prevent risks in the climate system. The Conference of the Parties (COP) is established as the supreme organ of the Convention and the association of all the countries that are part of it. As it is also in the capacity of the Meeting of the Parties to the Kyoto Protocol (KP), Environmental experts, ministers, heads of state and non-governmental organizations participate in the annual meetings of the COP, with the function of supervising and examining the application of the Convention and the Protocol, in order to prepare inventories of greenhouse gas emissions. greenhouse effect by the sources and their absorption by the sinks, promoting and facilitating the exchange of information on the measures adopted and the development of the negotiation process between the Parties to the Convention. Concluding with the elaboration of a Commitment of States, Companies and Community regarding the regulation of the effects on climate change Keywords: Climate Change; United Nations; Conference of the Parties

scholarly journals Świat przedstawiony i nieprzedstawiony byłej Jugosławii na przełomie wieków

2016 ◽  
Vol 4 ◽  
pp. 101-109
Author(s):  
Dorota Jovanka Ćirlić-Mentzel
Keyword(s):  
European Community ◽  
Former Yugoslavia ◽  
Natural Reaction ◽  
Official Ideology ◽  
The World ◽  
Political Project ◽  
New Generation ◽  
Previous Existence

The world presented and not presented in the former Yugoslavia. Not everyone puts their eternal myths on banners in order to kill others. The question is how a nation transforms myths into art, and in particular into theatre. A sudden focus in the Yugoslavia, which no longer existed, on topics that used to be forbidden, was a natural reaction to the previous existence of taboo. When Poland was celebrating its accession to the European community, the citizens of Yugoslavia were experiencing the nightmare of war. Later, the transformation reached them as well. And with it came corruption, theft, gangsters and kitch-coloured life. The dissolution of Yugoslavia was overzealously supported by ideologues and politicians. The authors of the new generation, such as Biljana Srbljanović and Milena Marković Serbia, Ivana Sajko and Tena Štivičić Croatia, Dorutina Basha an Albanian from Kosovo, write about what people living in the former Yugoslavia lost irretrievably. And in this way they fight the servile function of art towards the official ideology. But does anyone want to hear what the theatre warns against? Transformation of the world is a political project, which always finds its place in the theatre, if only a group of people meet, sharing common beliefs and ideas and wishing to change the world. Someone said so once in the former Yugoslavia.Prikazan i neprikazan svet bivše Jugoslavije. Ne ispisuju svi svoje prastare mitove na barjacima kako bi ubijali druge. Ono što je bitno je kako svaki narod pretvara mitove u umetnost, a posebno u pozorište. Naglo okretanje prethodno zabranjenim temama bila je, u već nepostojećoj Jugoslaviji, prirodna reakcija na dotadašnje tabue. Dok se Poljska radovala zbog pridruženja ujedinjenoj Evropi, građani Jugoslavije doživljavali su košmar rata. Onda je i kod nijh stigla transformacija. A sa njom korupcija, lopovluk, gangsteri i kičasto-šareni život. Raspad Jugoslavije je postignut uz svesrdnu podršku ideologa i političara. O tome što su ljudi, koji su tamo živeli, nepovratno izgubili, pišu autori nove generacije kao što na primer Bilijana Srbljanović i Milena Marković Srbija, Ivana Sajko i Tena Štivičić Hrvatska, Dorutina Basha Albanka iz Kosowa. I na taj se način suprotstavljaju stavu da umetnost prati zvaničnu ideologiju. Ali da li iko želi da čuje na šta upozorava pozorište? Menjanje sveta je politički projekat koji će naći mesto u pozorištu kada se okupi grupa istomišljenika koji imaju volju da menjaju svet. Jednom je neko tako rekao u bivšoj Jugoslaviji.  

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