By Gro Nystuen

ISBN-10: 1429427175

ISBN-13: 9781429427173

ISBN-10: 9004146520

ISBN-13: 9789004146525

”Achieving peace or preserving human rights? Conflicts among norms relating to ethnic discrimination within the Dayton Peace contract” examines a number of the criminal matters referring to overseas settlements aiming at finishing a warfare, discovering political universal floor among sour enemies, and while, holding person human rights. the writer examines the Dayton Peace contract for Bosnia and Herzegovina, and specifically the constitutional framework which at the one hand secures everyone’s human rights and safety from ethnic discrimination, yet however units up a political process which in reality discriminates at the foundation of ethnicity. the writer argues that it might probably were in step with overseas legislations (particularly the felony regimes of derogation and necessity) to agree on the sort of constitutional method on the time of the Dayton negotiations as the replacement was once a excessive possibility of persisted warfare, yet constitutional association with transparent human rights deficiencies must have been made transitority. the writer issues out that the ethnically-based constitutional method, at the moment, turns out to be triumphant on the fee of the appropriate to non-discrimination, and discusses a variety of chances of changing this example.

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53 See Thorvald Stoltenberg and Kai Eide, De 1000 dagene – fredsmeklere på Balkan, (Gyldendal norsk Forlag, Oslo, 1996) p. 385; and Carl Bildt, Uppdrag Fred (Norstedts Forlag, Stockholm, 1997) p. 53, 142, 170, 347. 19 CHAPTER 2. METHODOLOGY 1. INTRODUCTION The issues raised in this book concerning conflicts between different norms could be debated in a domestic law perspective as well as in an international law perspective. The specific provisions in the Constitution of Bosnia and Herzegovina securing the right to non-discrimination could be said to be infringed upon through the existence of other provisions of the same Constitution, and this could therefore be regarded as a domestic constitutional norm conflict.

56 Brownlie notes that “The sovereignty and equality of states represent the basic constitutional doctrine of the law of nations, which governs a community consisting primarily of states having a uniform legal personality”. Brownlie, supra note 54, p. 287. L. Brierly, The Law of Nations/An Introduction to the International Law of Peace, Fourth edition, (Clarendon Press, Oxford, 1949) p. 39. , p. 41. 22 METHODOLOGY law. 60 The sources of international law on which the Court may base its decisions were defined as: x x x treaties (international conventions, whether general or particular, establishing rules expressly recognized by the contesting states) – Article 38 (1) a, custom (international custom, as evidence of a general practice accepted as law) – Article 38 (1) b and general principles (general principles of law recognized by civilized nations) – Article 38 (1)c.

Yet another source of law which might be more difficult to place squarely within the wording of Article 38 of the Statute of the ICJ, is case law from the two domestic Bosnian courts, which to a large extent have interpreted the Dayton Peace Agreement, namely the Constitutional Court and the Human Rights Chamber. However, as their contribution to the interpretation of the Dayton Peace Agreement (not least in a human rights context) is not only extensive but also basically the only case law that exists in this area, it seems important to include it in the discussions.

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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) by Gro Nystuen


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