Form of Bosnia and Herzegovina’s State Organization Based on the Dayton Constitution Cover Image

Oblik državnog uređenja Bosne i Hercegovine zasnovanog na Dejtonskom ustavu
Form of Bosnia and Herzegovina’s State Organization Based on the Dayton Constitution

Author(s): Suad Kurtčehajić
Subject(s): Politics / Political Sciences
Published by: Univerzitet u Sarajevu
Keywords: Bosnia and Herzegovina; Federation of Bosnia and Herzegovina; Serb Republic; the Dayton Peace Agreement; the Dayton Constitution; state structure; Union; Confederation; Federation; Unitary state

Summary/Abstract: Under the terms of Dayton Peace Agreement which was initialed in Dayton on 21 November 1995 and signed in Paris on 14 December of the same year, the Republic of Bosnia and Herzegovina has undergone a transformation in terms of its name and internal organization. Bosnia and Herzegovina continued its legal existence under that name, however its internal structure underwent modification. In this sense it has been stated that Bosnia and Herzegovina will be composed of two entities: the Federation of Bosnia and Herzegovina and Serb Republic (Republika Srpska). Precisely, this change requires answering the question of its state structure: whether by the Dayton Constitution, Bosnia and Herzegovina has become a complex state (federation, confederation or union), or maintained capacity of a highly decentralized state. This issue is particularly important for the reason that some of the highest legal authorities from the smaller entity are trying to define Bosnia and Herzegovina as a union, even though some of the highest legal theorists in Bosnia and Herzegovina‟s larger entity, on the other hand, perceive it as the highly decentralized state. Starting from the criteria that differentiate unitary and complex state, which are subject of study of the Theory of state and law, this paper attempts to answer the question on the Dayton Constitution based Bosnia and Herzegovina‟s state structure.

  • Issue Year: LIII/2012
  • Issue No: 3
  • Page Range: 119-133
  • Page Count: 15
  • Language: Bosnian