Summary
The author analyzes the powers of the High Representative and his
activities, in order to answer the question of whether Bosnia and Herzegovina
can be named as a state, i.e. whether is BiH sovereign. Sovereignty as a
key characteristic of state authority is something that every state must have,
because speaking about unsovereign state is contradictio in adiecto, which
precisely points to the importance of this topic.
During considering this topic, several methods were used in order to
examine this problem from different viewpoints, and to give a final oppinion
about sovereignty of Bosnia and Herzegovina. Primarily, a dogmatic method was
used to analyze the relevant legal acts, in particular the Constitution of Bosnia
and Herzegovina and the Dayton Peace Agreement, but also the decisions of the
Constitutional Court of BiH and the decisions of the High Representative. Also,
the author uses the historical method to observe the development of the role of the
High Representative in the postdayton period, as well as the logical method, which
is necessary for interpreting Annex 10 of the General Framework Agreement for
Peace in Bosnia and Herzegovina. Also, the politi method was used, in order
to point to the inefficiency caused by political factors, as well as the normative
method, which points to the failure to realize the Dayton goals. All methods were
used to examine the legal and factual side of the position and actions of the High
Representative, in order to give a final answer to the above question.
At the appropriate places, author, de lege ferenda, expresses viewpoints
about the interpretation of the powers of the High Representative, who often
performed the functions of the supreme authority, and subordinated himself
Bosni and Herzegovina authorities. The author concludes that the role of
the High Representative has diminished over time, and that Bosnia and
Herzegovina has the opportunity to become a full-scale state, and achiving
this goal is possible only without the involvement of international actors.
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