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Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
The intricate diplomacy that led to the peace agreement in Bosnia, known as the Dayton Accords, is here revealed in unprecedented detail. Based on thousands of still-classified government documents and dozens of interviews with key participants, this is a comprehensive story of high-level diplomacy, told from the inside.
The book is about the peace implementation process in Bosnia-Herzegovina viewed, or interpreted reasonably, as a continuation of war by other means. Twenty years after the beginning of the Dayton peace accords, we need to summarize the results: the author shares the general agreement in public opinion, according to which the process is a failure. Pehar presents a broad, yet sufficiently detailed, view of the entire peace agreement implementation that preserves 'the state of war,' and thus encourages the war-prone attitudes in the parties to the agreement. He examines the political and narratological underpinnings to the process of the imposed international (predominantly USA) interpretation of the Dayton constitution and peace treaty as a whole. The key issue is the – perhaps only semi-consciously applied – divide ut imperes strategy. After nearly twenty years, the peace in document was not translated into a peace on the ground because, with regard to the key political and constitutional issues and attitudes, Bosnia remains a deeply divided society. The book concludes that the international supervision served a counter-purpose: instead of correcting the aberration and guarding the meaning that was originally accepted in the Dayton peace treaty, the supervision approved the aberration and imposed it as a new norm under the clout of 'the power of ultimate interpretation.'
Bose (comparative politics, London School of Economics and Political Science) explores the political dimensions of the internally led reconstruction process in the Balkan country since the late-1995 Dayton Peace Agreement. He argues that the post-war experience of Bosnia-Herzegovina is important and relevant for its own sake, but also as a highly visible testing ground for post-Cold War interventions in general and specifically the agendas of Europe, transatlantic security organizations, and development agencies. Annotation copyrighted by Book News, Inc., Portland, OR.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
The Dayton Accords ended the war in Bosnia-Herzegovina in 1995. The 10th anniversary gives reason to investigate the post-war period, today's realities and future perspectives. Bosnian authors and international experts express their views on recent developments. Insiders and outsiders, working in the conflict and on its transformation, have been invited to tackle the questions: Which conflict lines mark the present society? Did peacebuilding activities address the underlying causes? What are obstacles for conflict transformation? What are the potentials and limits of international support? What does "civil society" mean in Bosnia and how is it related to statebuilding and democratisation? How can people constructively deal with the past in order to design the future in the region of former Yugoslavia? The book gives an overview on an important research focus of the Berghof Research Center, highlighting the work of its most important cooperation partners.
When President Clinton sent Richard Holbrooke to Bosnia as America's chief negotiator in late 1995, he took a gamble that would eventually redefine his presidency. But there was no saying then, at the height of the war, that Holbrooke's mission would succeed. The odds were strongly against it. As passionate as he was controversial, Holbrooke believed that the only way to bring peace to the Balkans was through a complex blend of American leadership, aggressive and creative diplomacy, and a willingness to use force, if necessary, in the cause for peace. This was not a universally popular view. Resistance was fierce within the United Nations and the chronically divided Contact Group, and in Washington, where many argued that the United States should not get more deeply involved. This book is Holbrooke's gripping inside account of his mission, of the decisive months when, belatedly and reluctantly but ultimately decisively, the United States reasserted its moral authority and leadership and ended Europe's worst war in over half a century. To End a War reveals many important new details of how America made this historic decision. What George F. Kennan has called Holbrooke's "heroic efforts" were shaped by the enormous tragedy with which the mission began, when three of his four team members were killed during their first attempt to reach Sarajevo. In Belgrade, Sarajevo, Zagreb, Paris, Athens, and Ankara, and throughout the dramatic roller-coaster ride at Dayton, he tirelessly imposed, cajoled, and threatened in the quest to stop the killing and forge a peace agreement. Holbrooke's portraits of the key actors, from officials in the White House and the Élysée Palace to the leaders in the Balkans, are sharp and unforgiving. His explanation of how the United States was finally forced to intervene breaks important new ground, as does his discussion of the near disaster in the early period of the implementation of the Dayton agreement. To End a War is a brilliant portrayal of high-wire, high-stakes diplomacy in one of the toughest negotiations of modern times. A classic account of the uses and misuses of American power, its lessons go far beyond the boundaries of the Balkans and provide a powerful argument for continued American leadership in the modern world.
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.