ПРИЛОГ РАСПРАВИ О ПРАВНОЈ ПРИРОДИ ВИСОКОГ ПРЕДСТАВНИКА У БОСНИ И ХЕРЦЕГОВИНИ
А CONTRIBUTION TO THE PUBLIC DEBATE ON THE LEGAL NATURE OF THE HIGH REPRESENTATIVE IN BOSNIA AND HERZEGOVINA

Summary/Abstract: In recent times, both domestic and international experts have increasingly focused on and questioned the activities of the High Representative in Bosnia and Herzegovina. In this context, the aim of this contribution is to continue and encourage further professional discussion on the legal nature of this body, established under Annex 10 of the Dayton Peace Agreement. The discussion on the legal nature of the High Representative in Bosnia and Herzegovina begins with a brief overview of the end of the war in Bosnia and Herzegovina, including an analysis of the Dayton Peace Agreement and its annexes — particularly Annex 4, which serves as the Constitution of Bosnia and Herzegovina, and Annex 10, which defines the position of the High Representative in Bosnia and Herzegovina. Subsequently, the authors examines the legal nature of the High Representative by addressing questions regarding the selection process and the scope of their powers. In this context, a clear distinction emerges between the agreed framework for the High Representative as outlined in Annex 10 of the Dayton Peace Agreement and the imposed reorganization of this body through the unlawful expansion of its powers. The authors then highlights the practical aspects of the activities of all past High Representatives. In doing so, the authors first investigates whether all previous High Representatives were appointed in accordance with the procedure described in Annex 10 of the Dayton Peace Agreement and whether their actions adhered to this annex or exceeded their mandate. Finally, the concluding remarks summarizes the findings of the paper, providing an answer to the question of whether the High Representative for Bosnia and Herzegovina has a positive or negative impact on the “viability” of post-Dayton Bosnia and Herzegovina.

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