ODREĐIVANJE MJERODAVNOG PRAVA ZA SPOROVE NASTALE USLJED KLEVETE U ZAKONODAVSTVU BIH: KOJIM PUTEM KRENUTI?
CHOICE OF LAW FOR DEFAMATION DISPUTES IN BIH LEGISLATION: WHICH WAY TO GO?

Summary/Abstract: The focus of this paper is on the complex problem of resolving conflict of laws in defamation cases under the law of Bosnia and Herzegovina, with particular emphasis on analyzing and considering connecting factors. The inadequacy of the current solution for such disputes as set out in the Law on Resolving Conflicts of Laws with Regulations of Other Countries in Certain Relations, which was adopted from the former Yugoslavia, raises the question of the direction future reforms should take in Bosnia and Herzegovina. Since (almost all) other former Yugoslavia countries have abandoned the application of this Law, this paper aims to conduct a thorough comparative legal analysis of new solutions regarding defamation disputes. The goal is to provide a comprehensive overview of the current situation and propose directions for reform that would enhance legal certainty and improve the protection of citizens’ rights. While the first part of the paper is dedicated to the right to protection of reputation and honor as part of personality rights, and its regulation in Bosnia and Herzegovina along with a conceptual definition, the second part deals with its protection within the framework of Private International Law and the Law on Resolving Conflicts of Laws with Regulations of Other Countries in Certain Relations itself. The third part of the paper focuses on the abandonment of the application of this Law in other former Yugoslavia countries and analyzes new conflict of laws solutions for defamation disputes. Finally, the last part of the paper provides suggestions to the domestic legislator regarding the directions for future reforms in this area.

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