GLOBAL JUSTICE, HUMAN RIGHTS AND DEMOCRACY UNIVERSITY OF SEVILLE EUROPEAN MASTERS' DEGREE IN HUMAN RIGHTS AND DEMOCRATISATION (SECOND SEMESTER COURSES) & LIBRE CONFIGURACIÓN COURSE OF THE UNIVERSITY OF SEVILLE TRANSITION TO DEMOCRACY (I): THE BOSNIA AND HERZEGOVINA EXPERIENCE
UNIVERSITY OF SEVILLE
EUROPEAN MASTERS' DEGREE IN HUMAN RIGHTS AND DEMOCRATISATION (SECOND SEMESTER COURSES) & LIBRE CONFIGURACIÓN COURSE OF THE UNIVERSITY OF SEVILLE
TRANSITION TO DEMOCRACY (I): THE BOSNIA AND HERZEGOVINA EXPERIENCE
WEDNESDAY, 22ND FEBRUARY 2006, 15.00-18.00
The 1992-1995 war in BiH
„The three-sided nature and bitterness of the conflict and the expressed unwillingness of a substantial fraction of the Bosnian population to live peacefully with other Bosnians have led to a plethora of unprecedented and necessarily experimental constitutional proposals. The prospects for success of those that were finally adopted unfortunately depends less on the ingenuity of their design than on the will of the international community to enforce any arrangement made by or imposed on the parties“ (Szasz [1995a], S. 407).
U 5/98-II: Three fundamental rules for post-war Bosnia and Herzegovina:
Continuity of statehood: Bosnia and Herzegovina is the sovereign State, subject of international public law; the Entities are not. This dictum confirmed that Dayton had not dissolved Bosnia and Herzegovina and that any separatist aspirations were unconstitutional;
Distribution of responsibilities between State and Entities: Catalogue of responsibilities not exhaustive. Assume legislative competencies to the extent that this is necessary to meet its international obligations. This interpretation paved the way for important State legislation with integrative force ensuring the continued existence of a functional federal State;
Constituent status of all peoples on the entire territory: Constituent peoples of Bosnia and Herzegovina have constituent status on the entire territory. Dramatic reforms of the Entity Constitutions and institutional composition.