scholarly journals A concrete proposal to upgrade the Dayton Peace Agreement

Illuminatio ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 256-273
Author(s):  
Mirsad Kriještorac

Most observers of Bosnia and Herzegovina’s political situation have focused only on the problems that the Dayton Peace Accord created for the normal functioning of this Southeastern European state, but a workable solution is yet to be proposed.  The Accord achieved peace by blocking any ability for effective governing and by diminishing the Bosnian state capacity through an excessive dispersion of power with an uncommon constitutional focus on internationalism, and an erroneous type of pluralism that undermines the normal functioning of a democracy. The solution for these problems is to be found by adjusting the procedural selection of the United Nations High Representative, who is the primary actor directly responsible for the implementation of the Accord, both in terms of the letter and intent of the document, and this paper explains how that change can be made and what problems it will resolve.

Illuminatio ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 274-283
Author(s):  
Mirnes Kovač

Most observers of Bosnia and Herzegovina’s political situation have focused only on the problems that the Dayton Peace Accord created for the normal functioning of this Southeastern European state, but a workable solution is yet to be proposed.  The Accord achieved peace by blocking any ability for effective governing and by diminishing the Bosnian state capacity through an excessive dispersion of power with an uncommon constitutional focus on internationalism, and an erroneous type of pluralism that undermines the normal functioning of a democracy. The solution for these problems is to be found by adjusting the procedural selection of the United Nations High Representative, who is the primary actor directly responsible for the implementation of the Accord, both in terms of the letter and intent of the document, and this paper explains how that change can be made and what problems it will resolve.


AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 188-192 ◽  
Author(s):  
Laura Betancur Restrepo

One of the many roles played by international law in the Colombian Peace Accord is that of guarantor—that is, creating assurances that the parties will comply with their commitments. To this end, negotiators declared that the Final Peace Accord would constitute a Special Agreement (SA) in “terms of Article 3 common to all Geneva Conventions of 1949,” which “will be introduced [in the Colombian legal system] as part of the constitutional block” and deposited “before the Swiss Federal Council.” Furthermore, they stated, “a presidential declaration will be made taking the form of a unilateral declaration of the Colombian State before the Secretary-General of the United Nations,” and its incorporation in a Resolution of the Security Council will be requested.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 305
Author(s):  
Dony Yusra Pebrianto ◽  
Budi Ardianto ◽  
Taufan Dyusanda Putra

Internationally The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes respect for the local wisdom of indigenous legal communities. The selection of village heads is one of the regulatory concepts stipulated in Law No. 6 of 2014 on Villages. The selection of village heads in the concept of this law is conducted simultaneously stipulated by local regulations and the procedures are specifically regulated through government regulations as stipulated in Article 31 of Law No. 6 of 2014 on Villages. But it turns out that in practice, especially in indigenous peoples, the deability of the village head election often clashes with the arrangement of the village head election. So in this case the formulation of the problem in this writing is how the arrangement of the rights of indigenous peoples in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the value and concept of local wisdom that applies in the selection of village heads in 5 (Five) Villages Semerap Kedepatian. The method used in this writing uses empirical juridical methods. And in this case it is concluded that UNDRIP regulates matters relating to individual rights as well as very specific collective rights sourced from indigenous peoples. In this case the State is obliged to protect or fulfill the rights of indigenous peoples including cultural heritage and their cultural manifestations including human resources and genetics. And in the indigenous people of kedepatian semerap Kerinci regency there is a customary provision where the prospective head of the village must get customary recommendations and be appointed from Depati and Nenek Mamak. The provision is considered contrary to the local Paraturan in relation to the election of the village head. So given the provisions of UNDRIP and the 1945 Constitution, the State is obliged to protect and maintain these customs given the positive impact that arises from it. So in this case the customary provisions should be regulated in the Regulation including also about the recognition of indigenous peoples. In addition, the community needs to open a paradigm on human rights in the selection of village heads in addition to the paradigm of the enforcement of customary law there needs to be flexibility from the State as long as it is not contrary to national law.


Author(s):  
Vesselin Popovski

This chapter critically examines the process of reform of three principal organs of the United Nations: the General Assembly, the Security Council, and the Secretariat. It discusses the shortcomings and obstacles of the process and recommends how to move forward. The purpose of reform is to enhance both justice and security by forging more equal representation and allowing more efficient responses to threats to the peace. The chapter offers innovative ideas for revitalizing the General Assembly, improving the selection of UN Secretaries-General, and altering the Security Council’s composition according to a model of “8 + 8 + 8”—a mix of permanent, renewable, and non-renewable seats.


Author(s):  
María Elena Zepeda Hurtado ◽  
Alma Alicia Benítez Pérez ◽  
Betsabé Adalia Contreras Domínguez

The objective of the chapter is the elaboration of an intervention proposal based on the STEAM Integrator Project that from mathematics addresses the issues related to the 2030 Agenda proposed by the United Nations. The central element of the proposal is to consider the context and interest of the student for the selection of a topic related to science to explain it, argue it, and describe it in order to model it from different disciplines of the physical-mathematical area in the Upper Middle Level of the Instituto Politécnico Nacional.


Author(s):  
Ayokunu Adedokun

With the heavy involvement of the United Nations (UN) and the international community, the Rome General Peace Agreement of 1992 ended more than 16 years of civil war in Mozambique. The peace agreement and post-conflict initiatives by the international community was successful in transforming the Mozambique National Resistance
(Renamo) from a rebel group into a viable political party. Key components of the United Nations and the broader international community success in negotiating peace and creating conditions for political stability and democracy in Mozambique were (a) the provision of disarmament, demobilization and reintegration (DDR) before democratisation, (b) decentralization of humanitarian and relief efforts to provincial and district levels, (c) provision of financial support directly for the development of political parties, and (d) budget support to sectors relevant to peacebuilding. Though imperfect, Mozambique remains an important case study in how the UN and international community can help in post-conflict environments. Thus, the paper argues that success in peacebuilding operations depends on credible and impartial international support through the UN, as opposed to peacebuilding operations through the United States of America or Russia.


2020 ◽  
Vol 33 ◽  
pp. 31-40
Author(s):  
Khangendra Acharya

Ten-year long war led by Communist Party of Nepal (Maoist) [hereafter CPN (M)] from February 1996 to November 2006 has been understood as one of the most violent times in Nepali history. The armed wing of CPN (M), People’s Liberation Army (PLA) formed in 2001, was the armed group combating in the war front. Prior to the formation of PLA, CPN(M) had set up its armed groups differently: they had three-tier structure in 1994 that comprised combatant group, security group and volunteer group, which was transformed in 1997 into Guerrilla Squad, and in 1997 into Guerrilla Platoon. Subsequent transformations were Guerrilla Company in 1999 and Guerilla Battalion in 2000. All these groups were involved in armed actions of various magnitudes including selected annihilation, sabotage, ambush, raids and attacks.When the peace truce, the Comprehensive Peace Agreement (CPA), was agreed, CPN (M) claimed that the party had 32,000 People’s Liberation Army members, around 20,000 of whom were verified by the United Nations (UN).


1996 ◽  
Vol 34 (1) ◽  
pp. 27-51 ◽  
Author(s):  
Harry G. West ◽  
Gregory W. Myers

In the first two years following the peace accord in Rome on 4 Ocotber 1992 between Mozambique's governing party, the Frente de Libertação de Moçambique (Frelimo), and the Resistência National Moçambicana (Renamo) guerrilla leadership, over one million refugees returned to the country while as many as three million moved back to the areas they were forced to flee during the war. With the post-accord commitment of the United Nations to monitor the ‘peace process’ as well as the political transition to a multi-party democratic régime, the international community invested itself strongly in supporting Mozambicans in their attempt to rebuild their war-torn country. The United Nations Operation in Mozambique (Unomoz) presented an acid test for the future of UN-sponsored ‘peacekeeping’ initiativesthe recent difficulties or failures in Angola, Somalia, and Bosnia having thrown into question the sensibility of such expensive operations with little probability of producing sustainable results. For the donor community, the end of the war signalled an opportunity to advance discussions and practical steps towards liberalising the Mozambican economy and decentralising state power — thereby offering a new laboratory for model testing.


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