Achieving peace or protecting human rights? : conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement / by Gro Nystuen.

Format:

Book

Author/Creator:

Nystuen, Gro.

Series:

Raoul Wallenberg Institute human rights library ; v. 23.

Raoul Wallenberg Institute human rights library ; v. 23

Language:

English

Subjects (All):

Yugoslav War, 1991-1995--Peace.

Yugoslav War, 1991-1995.

Discrimination--Law and legislation--Former Yugoslav republics.

Discrimination.

Human rights--Former Yugoslav republics.

Human rights.

Dayton Peace Accords (1995).

Dayton Peace Accords.

Physical Description:

1 online resource (310 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2005.

Language Note:

English

Summary:

"Achieving peace or protecting human rights? Conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement" examines some of the legal issues pertaining to international settlements aiming at ending a war, finding political common ground between bitter enemies, and at the same time, protecting individual human rights. The author examines the Dayton Peace Agreement for Bosnia and Herzegovina, and in particular the constitutional framework which on the one hand secures everyone's human rights and protection from ethnic discrimination, but on the other hand sets up a political system which in fact discriminates on the basis of ethnicity. The author argues that it might have been consistent with international law (particularly the legal regimes of derogation and necessity) to agree on such a constitutional system at the time of the Dayton negotiations because the alternative was a high risk of continued war, but that a constitutional arrangement with clear human rights deficiencies should have been made temporary. The author points out that the ethnically-based constitutional system, for the time being, seems to prevail at the expense of the right to non-discrimination, and discusses various possibilities of altering this situation.

Contents:

ACKNOWLEDGEMENTS

CHAPTER 1. INTRODUCTION

CHAPTER 2. METHODOLOGY

CHAPTER 3. THE DAYTON PEACE AGREEMENT - BACKGROUND AND OVERVIEW

CHAPTER 4. THE GENERAL FRAMEWORK AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA

CHAPTER 5. PROTECTION AGAINST ETHNIC DISCRIMINATION IN BOSNIA AND HERZEGOVINA

CHAPTER 6. ETHNIC DIFFERENTIATION RULES IN THE BH CONSTITUTION

CHAPTER 7. THE SCOPE OF CONFLICT BETWEEN THE NON-DISCRIMINATION RULES AND THE

RULES AUTHORISING ETHNIC DIFFERENTIATION

CHAPTER 8. POSSIBLE JUSTIFICATIONS FOR ETHNIC DIFFERENTIATION IN EMERGENCIES

CHAPTER 9. POSSIBLE WAYS OF ADDRESSING ETHNIC DIFFERENTIATION

CHAPTER 10.; CONCLUDING REMARKS

BIBLIOGRAPHY

TABLE OF CASES

ANNEX I

ANNEX II

INDEX.

Notes:

Description based on print version record.

Originally presented as the author's thesis (doctoral)--University of Oslo, 2004.

Includes bibliographical references (p. 255-261) and index.

ISBN:

1-280-86867-8

9786610868674

1-4294-2717-5

90-474-0829-2

1-4337-0455-2

OCLC:

476023558

Publisher Number:

10.1163/9789047408291 DOI