Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Judicial Reform under International Law: Notes from Bosnia and Herzegovina

Judicial Reform under International Law: Notes from Bosnia and Herzegovina <jats:sec><jats:title>Abstract</jats:title><jats:p>As a result of a recognition that many of the atrocities of the war in Bosnia and Herzegovina stemmed from poor respect for fundamental democratic and human rights principles, the Dayton Peace Accords (DPA) came to emphasize that the new BiH should be a democratic state operating under the rule of law and that the state and entity governments should ensure the highest level of internationally recognized human rights standards and fundamental freedoms. It was also clear to the international community that the judicial authorities of BiH would not be able to transform this language into reality when the nationalist political parties resisted any such development. Annex 10 of the DPA therefore gave the Office of the High Representative, the international body responsible for the implementation of the DPA and the highest authority `in theatre', a far-reaching mandate, sometimes referred to as `protectorate-style powers', to decide, interpret and implement policies as it sees appropriate and to substitute itself for local authorities when they fail to promote the goals and principles spelled out in the DPA. In order to promote judicial reform and safeguard vital rule of law interests, the High Representative may consequently impose decisions and laws and remove obstructionist officials. This article describes how these powers are exercised and how the broader effort of judicial reform, involving a wide range of national and international actors, is organized in Bosnia and Herzegovina.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Judicial Reform under International Law: Notes from Bosnia and Herzegovina

Nordic Journal of International Law , Volume 70 (4): 489 – Jan 1, 2001

Loading next page...
 
/lp/brill/judicial-reform-under-international-law-notes-from-bosnia-and-kS1BX1Hvj8

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/15718100120296737
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>As a result of a recognition that many of the atrocities of the war in Bosnia and Herzegovina stemmed from poor respect for fundamental democratic and human rights principles, the Dayton Peace Accords (DPA) came to emphasize that the new BiH should be a democratic state operating under the rule of law and that the state and entity governments should ensure the highest level of internationally recognized human rights standards and fundamental freedoms. It was also clear to the international community that the judicial authorities of BiH would not be able to transform this language into reality when the nationalist political parties resisted any such development. Annex 10 of the DPA therefore gave the Office of the High Representative, the international body responsible for the implementation of the DPA and the highest authority `in theatre', a far-reaching mandate, sometimes referred to as `protectorate-style powers', to decide, interpret and implement policies as it sees appropriate and to substitute itself for local authorities when they fail to promote the goals and principles spelled out in the DPA. In order to promote judicial reform and safeguard vital rule of law interests, the High Representative may consequently impose decisions and laws and remove obstructionist officials. This article describes how these powers are exercised and how the broader effort of judicial reform, involving a wide range of national and international actors, is organized in Bosnia and Herzegovina.</jats:p> </jats:sec>

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 2001

There are no references for this article.