By Gro Nystuen
”Achieving peace or conserving human rights? Conflicts among norms concerning ethnic discrimination within the Dayton Peace contract” examines the various criminal matters referring to overseas settlements aiming at finishing a struggle, discovering political universal floor among sour enemies, and while, keeping person human rights. the writer examines the Dayton Peace contract for Bosnia and Herzegovina, and particularly the constitutional framework which at the one hand secures everyone’s human rights and safeguard from ethnic discrimination, yet nonetheless units up a political approach which in reality discriminates at the foundation of ethnicity. the writer argues that it may were in line with foreign legislation (particularly the felony regimes of derogation and necessity) to agree on any such constitutional approach on the time of the Dayton negotiations as the replacement was once a excessive chance of persisted battle, yet constitutional association with transparent human rights deficiencies must have been made transitority. the writer issues out that the ethnically-based constitutional process, in the interim, turns out to be successful on the rate of definitely the right to non-discrimination, and discusses numerous probabilities of changing this case.
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Extra resources for Achieving Peace or Protecting Human Rights? Conflicts between Norms Regarding Ethnic Discrimination in the Dayton Peace Agreement (The Raoul Wallenberg ... Institute Human Rights Library, V. 23)
United Kingdom, Judgement of 25 April 1978, ECHR, Series A. 26, para 31 (under “As to the law”). 78 See for example the Constitutional Court of Bosnia and Herzegovina, Partial Decision III, U 5/98 III, 30 June and 1 July 2000, para. 19, where the Constitutional Court states that “Contrary to the Constitutions of many other countries, the Constitution of BiH in Annex 4 of the Dayton Agreement is an integral part of an international agreement. Therefore, Article 31 of the Vienna Convention on the Law of Treaties .
95 In the application of rules there are many subjective elements, not least in international law because the international legal framework is a basic tool for promoting various political goals. , p. 305. Sir Hersch Lauterpacht, The Development of International Law by the International Court (Stevens & Sons limited, London, 1958) p. 398. 95 32 METHODOLOGY “A refusal to acknowledge political and social factors cannot keep law ‘neutral’, for even such a refusal is not without political and social consequence.
85. 33 CHAPTER 3. THE DAYTON PEACE AGREEMENT – BACKGROUND AND OVERVIEW 1. INTRODUCTION The Dayton Peace Agreement ended the war in Bosnia and Herzegovina, which was one of the violent conflicts following the break-up of the Socialist Federative Republic of Yugoslavia (SFRY). This chapter will attempt to point out some of the key historic and political developments that ultimately led to the making of the Dayton Peace Agreement, in order to explain the main features of the rather complex background for this peace settlement.