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Begin New Search Topic Government Political Geography Bosnia Content Type Working Paper

1. The EU in Bosnia and Herzegovina: Powers, Decisions and Legitimacy

Author:
Bart M. J. Szewczyk
Publication Date:
03-2010
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
This Occasional Paper analyses the issue of the Bonn Powers in Bosnia – whereby the Office of the High Representative (OHR) can enact laws and remove elected officials – by comprehensively assessing the legitimacy of past OHR decisions. Adopting an established theory of legitimacy developed by Harold Lasswell and Myres McDougal, it argues that empirical legitimacy is best conceived as serving common interests of effective actors within an authorised process, and normatively prescribes that such process should be shaped to maximise values of human dignity. Given this theoretical framework, it examines the process authorised under the Dayton Agreement, which created the political structure that currently exists in Bosnia. It discusses the origins of the Bonn Powers and surveys the various criticisms that have been levelled against them. It then develops an overall analysis of all OHR decisions to date and provides a critique of those categories of decisions that appear inconsistent with the Dayton order and its proclaimed organising principles. Moreover, it provides a focused assessment of a sample of the most problematic decisions, e.g. the removal of elected officials, to show how their empirical legitimacy can be analysed. Finally, the paper concludes with policy recommendations, focusing on the issue of whether the Bonn Powers should be renounced or retained in the future.
Topic:
Government, Treaties and Agreements, International Affairs, and Political Theory
Political Geography:
Europe, Bosnia, and Balkans

2. Launch of the Western Balkans Parliamentary Forum

Publication Date:
05-2007
Content Type:
Working Paper
Institution:
South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons
Abstract:
On 01 November 2006, an initial exploratory meeting for a Western Balkans Members of Parliaments took place in Belgrade. The meeting was organised by SEESAC with the assistance of the Parliamentary Forum on Small Arms based in Sweden. Members of the European and EU member states' Parliaments, the Secretary General of the Parliamentary Forum for SALW, and UNDP technical advisors and project managers informed the parliamentarians from the Western Balkans about EU SALW strategies and engagement, the involvement of EU parliamentarians in SALW Control, the importance of a national SALW control strategy, and the need for co-ordinated action and increased parliamentary diplomacy, oversight and advocacy.
Topic:
Security, Arms Control and Proliferation, and Government
Political Geography:
Bosnia, Herzegovina, Kosovo, Serbia, Balkans, Macedonia, Albania, Croatia, and Montenegro

3. Report on Bosnia and Herzegovina Observation Mission

Author:
Mastora Stanikzai, Zikria Barakzai, and Mohammad Hashim
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
After IEC establishment in 2005 the main objectives have been the capacity building of IEC staff. IEC is actively taking major steps toward this objective with cooperation of different international organizations (UNDP, IFES, TAF).
Topic:
Conflict Resolution, Democratization, Government, and Politics
Political Geography:
Bosnia, Herzegovina, and Balkans

4. Changes in the Constitutional Structure of Bosnia and Herzegovina

Author:
Henry L. Clarke
Publication Date:
02-2006
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
The constitutional structure of Bosnia and Herzegovina is complex, emerging as it did from a peacemaking process between Serb forces of Republika Srpska and a coalition of Bosniak (or Muslim) and Croat forces under the Federation of Bosnia and Herzegovina. Most of the fundamental obligations of the state of Bosnia and Herzegovina and its two subordinate Entities, Republika Srpska (RS) and the Federation of Bosnia and Herzegovina (FBiH), arise from the General Framework Agreement for Peace (GFAP) in Bosnia and Herzegovina and its Annexes, often called the Dayton Accords, signed in Paris on December 14, 1995. The Constitution of Bosnia and Herzegovina is Annex 4 of the General Framework Agreement.
Topic:
Democratization, Government, and Politics
Political Geography:
Europe, Bosnia, and Herzegovina

5. Sub-regional SALW Collection Seminar

Publication Date:
07-2006
Content Type:
Working Paper
Institution:
South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons
Abstract:
Government, NGO and International Organisation representatives from Albania, Bosnia and Herzegovina, Croatia, the UN Administered Territory of Kosovo, the former Yugoslav Republic of Macedonia, and Montenegro participated in a sub-regional SALW (Weapons) Collection Seminar in Budva, Montenegro from 12 - 13 July 2006. The objective of the seminar was to discuss 'best practices' and share operational experience of SALW Collection activities within South Eastern Europe, in order to assist the Government of Montenegro in planning a possible SALW Collection process later this year.
Topic:
Government, Non-Governmental Organization, and United Nations
Political Geography:
Bosnia, Herzegovina, Eastern Europe, Kosovo, Yugoslavia, Macedonia, Albania, and Croatia

6. Privatization in Brcko District: Why It Is Different and Why It Works

Author:
Henry L. Clarke
Publication Date:
01-2004
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
The Brcko District of Bosnia and Herzegovina is small, with less than 100,000 people. In 2001, about 30 public companies were selected for privatization. At the outset, there were good reasons to ask whether the District would have any success in privatizing them. Many of the public companies had been shut down for up to ten years, while the rest were operating at a small fraction of their pre-1991 output. There was not a single company that was profitable enough to be sold successfully on the basis of its performance, none had adequate working capital or marketing arrangements, many were deeply in debt, some had too many nonworking “employees” and the equipment of most companies that was not damaged during the war was worn out or obsolete.
Topic:
Debt, Government, Politics, and Privatization
Political Geography:
Europe, Bosnia, and Herzegovina

7. Monitoring the Northern Ireland Ceasefires: Lessons from the Balkans

Publication Date:
01-2004
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
This briefing compares the mandate of the Independent Monitoring Commission for Northern Ireland (IMC) with those of two recent European examples of the monitoring and enforcement of compliance with peace agreements: the unsuccessful Kosovo Verification Mission (KVM) of 1998-1999, and the much more fruitful mission of the Office of the High Representative (OHR) in Bosnia and Herzegovina since 1995. It attempts to identify lessons from those earlier experiences that may help the IMC carry out its mission in the context of carrying forward the Good Friday peace process.
Topic:
Government and Politics
Political Geography:
Europe, Bosnia, Herzegovina, Kosovo, and North Ireland

8. €uros for ESDP – financing EU operations

Author:
Antonio Missiroli
Publication Date:
06-2003
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
The financing of EU-led crisis management operations is a somewhat neglected yet nevertheless crucial factor affecting the external effectiveness and internal consistency of the Union's foreign and security policy. Until recently, CFSP's operational acquis has been minimal, its legal underpinning limited and tortuous, its budgetary fundament ludicrous, and its administrative practice mostly contradictory and often fraught with inter-institutional turf battles between Council, Commission and Parliament. With the launch of the first ESDP operations proper (EUPM in Bosnia and Herzegovina, Concordia in FYROM) in 2003, the forthcoming Operation Artemis in the Democratic Republic of Congo and the possible takeover of SFOR after 2004, it has become all the more important and urgent to devise more appropriate arrangements and incentives for common action. The European Convention and the ensuing Intergovernmental Conference represent additional opportunities to be seized. In this respect, the main issues to be addressed regard: a) the speed and readiness of budgetary allocations, on the one hand, and their long-term sustainability, on the other; b) the coherence of the relevant provisions, in both institutional and functional terms, and their consistency with the peculiarities of the EU as an international actor; and c) the degree of transparency, accountability and internal fairness compatible with the imperatives of crisis management. The experience of other international organisations operating in this field (NATO, OSCE, UN) can also be taken into consideration with a view to selecting rules and modalities that may be helpful in tackling the problems highlighted here. First and foremost, it is desirable that the current fragmentation of CFSP expenditure in separate EU budgetary lines be overcome. The appointment of an EU 'Minister for Foreign Affairs' (or whatever title is given to the new foreign policy supremo) is expected to help solve this problem and reduce some inter-institutional tensions and bottlenecks. For example, it is desirable for all expenditure related to civilian crisis management (with the possible exception of the salaries of seconded national personnel) to be borne by the EU bud- get in a more transparent fashion. To this end, the relevant procedures have to be made less tortuous and more flexible. Secondly, expenditure for operations 'having military or defence implications' — in so far as it will remain distinct and separate from the rest — should be pooled in a more systematic, sustainable and explicit manner. Neither the current 'ad hocery' (as exemplified by EUPM and Concordia ) nor the minimalist approach adopted by the Convention's Praesidium (with the proposal of a subsidiary 'start-up' fund) address the essential issues. In fact, if a subsidiary budget has to be set up, then it should be more ambitious and create a long- term basis for covering all the 'common costs' arising from military operations. Such an EU Operational Fund could usefully draw upon the precedent of the European Development Fund and adopt a distinct 'key' for national contributions. Such a 'key' should take into account e.g. the member states' ability to pay but also their ability to contribute in kin through the actual involvement of personnel and equipment in EU operations. It should also be periodically adjustable and help overcome potential 'burden-sharing' disputes inside the Union by setting agreed criteria against which to measure and assess national contributions without resorting to the crude GDP scale. At the same time, the Fund's financial cycle should be the same as that of the EU budget. And, in perspective, the “common costs” thus covered should include also accommodation and transportation costs, especially if the Union develops common capabilities in the fields of strategic lift and logistics. By doing so, the EU would eventually have two main modalities for common operational expenditure at its disposal: the EU budget for all non-military aspects, and the Operational Fund. Both would guarantee a reliable financial perspective. If the separation between civilian and military aspects were ever to be bridged, their merger would not represent a problem. Thirdly, the European Parliament could consider reimbursing those member states who participate in ESDP operations a fixed somme for faitaire to cover partially the per diems of their seconded personnel (civilian as well as military). Such reimbursement could be made through the EU budget annually, ex post facto, with no political conditions attached. On the one hand, it would prove that the EU budget covers not only internal benefits (agriculture and structural funds) but also external commitments. On the other, it would add transparency to ESDP in that the Parliament could organise hearings with experts and officials as well as plenary debates. For their part, the member states would gain an additional incentive – however modest – to provide adequate human resources for external operations. Finally, participating 'third' (and especially remaining and future candidate) countries could well be associated with all these arrangements, either case by case or more systematically. And none of the proposals outlined here necessarily require treaty change, although it would be preferable to insert some 'enabling' clauses in the Constitutional Treaty. All proposals, however, would require collaboration — rather than competition — between EU institutions.
Topic:
Economics, Government, and Politics
Political Geography:
Europe, Bosnia, Herzegovina, and Democratic Republic of the Congo

9. Building Bridges In Mostar

Publication Date:
11-2003
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Making another attempt to unite the divided city of Mostar has become, unexpectedly but appropriately, a very high international priority in Bosnia " Herzegovina (BiH) in 2003. By late summer, it had come to be ranked by High Representative Paddy Ashdown among his four major projects for structural reform. In each case, the High Representative appointed a foreign chairman to lead commissions composed of domestic representatives and charged with finding statebuilding solutions in the symbolically or substantively important realms of defence, intelligence, indirect taxation - and Mostar. All aim to unify divided and dysfunctional institutions. The first three commissions, which have already reported and whose draft legislation is proceeding through the various parliaments, have also sought to empower the state over the entities and their respective national establishments.
Topic:
Development, Government, and Politics
Political Geography:
Bosnia, Herzegovina, and Eastern Europe

10. Bosnia's Brcko: Getting In, Getting On and Getting Out

Publication Date:
06-2003
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
It is time to consider the future of Brcko District. In particular, it is time to chart an exit strategy for the supervisory regime that will serve both to preserve and extend its and the people of Brcko's accomplishments.
Topic:
Government and Politics
Political Geography:
United States, Bosnia, and Eastern Europe