Achieving Peace or Protecting Human Rights? Conflicts by Gro Nystuen

By Gro Nystuen

”Achieving peace or keeping human rights? Conflicts among norms relating to ethnic discrimination within the Dayton Peace contract” examines a few of the felony matters touching on foreign settlements aiming at finishing a struggle, discovering political universal floor among sour enemies, and whilst, preserving 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 defense from ethnic discrimination, yet nevertheless units up a political process which in truth discriminates at the foundation of ethnicity. the writer argues that it will probably were in line with overseas legislations (particularly the criminal regimes of derogation and necessity) to agree on this kind of constitutional process on the time of the Dayton negotiations as the substitute used to be a excessive threat of persevered 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 meanwhile, turns out to succeed on the rate of the proper to non-discrimination, and discusses a variety of probabilities of changing this case.

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Burg and Paul S. 99 The war started in Croatia and Slovenia during the spring and summer of 1991, and in Bosnia and Herzegovina a year later. By then, local Serb nationalists had already declared “self rule”, first in the Serbdominated areas in Croatia and then in the eastern part of Bosnia. The declarations of independence by Slovenia and Croatia effectively ended what remained of the SFRY. 100 The two remaining republics, Serbia and Montenegro, stayed together as a State under the name, the Federal Republic of Yugoslavia, and claimed to be a continuation of the SFRY, not a new state.

100 The two remaining republics, Serbia and Montenegro, stayed together as a State under the name, the Federal Republic of Yugoslavia, and claimed to be a continuation of the SFRY, not a new state. 103 While the fighting in Slovenia had died out, chiefly because the population was relatively homogenous, it continued and increased in Croatia and in Bosnia and Herzegovina after their secession from the SFRY. In Croatia, there were roughly 200,000 Serbs before the war broke out. 6 per cent were of other nationalities.

792, para. 8. 127 Article 52 of the UN Charter. 128 Article 53 of the UN Charter. 129 Article 5 of the North Atlantic Treaty, 4 April 1949. 130 Article 7 of the North Atlantic Treaty. 41 CHAPTER 3 well be in a better position than the UN Security Council to do), or to refer such conflicts to the Security Council. 4. THE SYSTEM OF COLLECTIVE SECURITY AND THE DAYTON PEACE AGREEMENT The UN had been involved, throughout the conflict in Bosnia and Herzegovina, in trying to facilitate peaceful solutions, as well as giving humanitarian assistance, on many different levels.

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