ПРАВНА ЛИЦА СЛИЧНА ДРЖАВАМА КАО СУБЈЕКТИ МЕЂУНАРОДНОГ ЈАВНОГ ПРАВА
LEGAL ENTITIES SIMILAR TO STATES AS SUBJECTS OF INTERNATIONAL PUBLIC

Summary/Abstract: Today, thanks to the dynamics of social relations that have long since surpassed (inter)state borders in the 21st century, thinking about the state as a legal entity in the international legal order requires the construction of a solid theoretical foundation. In this paper, through a theoretical analysis, we took the position that the state is a subject of law, yet of a specific character, and that, as such, it should be accepted, where it appears as a legal entity, in different legal relationships, in different ways. We also notice the specificity of the state in international legal affairs of a public nature, where it acts as a sovereign legal entity, just like other states. However, when we talk about organisms of state law character with incomplete subjectivity, international legal equality does not exist. Therefore, the main issue that we dealt with in this paper is the question of the position, status and subjectivity of dependent legal entities similar to states, which we have determined as basic entities similar to states. In this sense, we believe that the general term entities similar to states, in the context of contemporary international law of the XXI century, includes: 1) dependent legal entities similar to states, 2) state-forming organisms and 3) non-independent territories. We paid special attention to the determination of the legal nature and character of the neoprotectorate, as well as its determination as a modern form of dependent legal entities similar to states. In this paper, we analyzed the character of the dependency of Bosnia and Herzegovina as a legal entity similar to states, according to the specifics of the internal legal order and organization, and in the context of the institution of the High Representative, which, according to the "Bonn powers", actually became the representative authority of the states gathered in the Council for the Implementation of Peace and which of the conference in Bonn has a special mandate of administrative, constitutional, legislative and judicial capacity of an ad hoc character. The conclusion is that Bosnia and Herzegovina, along with the High Representative as an institution of (external) guarantor status, according to its competences, represents a dependent legal entity similar to states. It is, indeed, a community of state-law entities in an attempt, because the presence of the international community certainly makes it a neo-protectorate.

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