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Document Type:Latin Dissertation
Language of Document:English
Record Number:53686
Doc. No:TL23640
Call number:‭3287073‬
Main Entry:Matthew T. Parish
Title & Author:Reconstructing a divided society: Learning from northeast BosniaMatthew T. Parish
College:The University of Chicago
Date:2007
Degree:J.S.D.
student score:2007
Page No:536
Abstract:The peace agreements ending the 1992-1995 war in Bosnia partitioned the territory between the warring parties. It also made Bosnia an international protectorate, creating a complex government structure involving myriad interactions between different levels of domestic government and international officials. But they could not agree on the most strategically important place in Bosnia—the Brčko area. Under pressure from US mediators, they undertook to defer its future to a process of binding arbitration. The arbitration tribunal broke nearly every rule in the book. Yet its awards were path breaking. They established the position of the "Supervisor", an international civil servant with the powers of a regional colonial governor, to compel implementation of the Tribunal's rulings. They mandated widespread economic reform. And they resurrected the historically forgotten notion of an "internationalized territory", a disputed region placed in the control of the international community with legal sovereignty. The result was the establishment of "Brčko District", a modern-day free city in the heart of Europe. This regime continued for ten years, with successive Supervisors pushing through unprecedented institutional reforms and promoting unparalleled economic development. The system was a dictatorship until elections in October 2004. The American Supervisor appointed all senior domestic officials, judges and legislators in the meantime. After elections, the political system nose-dived into a den of corruption and mismanagement. Then in 2007, the supervisory regime suddenly collapsed in a wave of lack of international interest. Now the rest of Bosnia is threatening to do the same. This thesis investigates the work of the Tribunal, and the extraordinary legal powers it bestowed upon the Brčko Supervisor. It compares the international community's efforts with contemporary literature on state building. It concludes that this is a viable model of post-conflict development, but there are serious uncertainties about its sustainability. With imaginative officials and proper international commitment, the Brčko model might be used again, to good effect, in other war-torn societies.
Subject:Social sciences; Bosnia; Bosnia and Herzegovina; Divided societies; International arbitration; International law; International relations; Peacekeeping; State building; Law; 0398:Law; 0616:International relations; 0616:International law
Added Entry:R. P. Posner, Eric
Added Entry:The University of Chicago