Bosnia and Herzegovina – From Peace Implementation to Crisis Creation, Legal and Political Problems, Processes and Perspectives

In this paper, the author deals not only and primarily with legal issues, but also with political problems, processes, and perspectives that characterise Bosnia and Herzegovina. One can notice a number of conflicting opinions regarding the understanding and interpretation of the legal nature, international law status, division of jurisdiction, state organisation, and the position of the federal units (hereinafter: Entities) in Bosnia and Herzegovina. Additionally, there are also opposing concepts regarding the methods of institutional responsibilities (jurisdictions), the scope of reforms, and the future of Bosnia and Herzegovina in general. It must not be forgotten that the creation of this internationally-recognised state took place in turbulent social, political, and legal circumstances with the conclusion of the Dayton Peace Agreement. This analysis primarily includes the framework established by this agreement, with special emphasis on its Annex 4 (the Constitution of Bosnia and Herzegovina). In this sense, the author examines how the process of peace implementation later turned into a crisis generator that is extant. Also, this issue is analysed with certain indications from the author that could be useful to overcome these impediments, but also to create a positive joint perspective.