О ЗНАЧАЈУ И РЕФОРМИ МЕЂУНАРОДНОГ ПРИВАТНОГ ПРАВА У РЕГИОНУ
ABOUT THE IMPORTANCE AND REFORM OF PRIVATE INTERNATIONAL LAW IN THE REGION

Summary/Abstract: Reform of the legal systems in states emerged after the dissolution of former Socialist Federal Republic of Yugoslavia (SFRY) has begun in the early nineties of the former century. Legislators first dealt with constitutional changes and later with other areas of law, in order of precedence dictated by the growing social needs, but also the needs of cooperation with other neighboring states and globally. When adopting new laws there should be a proper balance to avoid excessive regulation but also to respond to new needs. It is also common that legislators take over the legal solutions from other countries. The success of legislative process mostly depends on the quality of human resources but also on the influence of internal or foreign politics on the legislator. This is especially visible on the territory of the former SFRY, still burdened with the recent war, lack of mutual trust and occasionally significant political instability. The focus of interest in this paper is Private International Law, internal area of law, whose significance is especially visible after the war on the territory of SFRY, having in mind that its former members have now become separate states with different legal systems what causes frequent conflict of laws. As regards Bosnia and Herzegovina, the situation is complicated even more by the fact that certain internal, as well as still influential international factors, do not respect the division of competences prescribed by the Constitution of Bosnia and Herzegovina. The paper deals with the reflections of aforementioned challenges on the Private International Law, the area of law which, under Article III, para (3), point (a) of the Bosnia and Herzegovina Constitution, falls into the competence of the entities and not in the competence of the institutions of Bosnia and Herzegovina.

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