One Currency for Bosnia
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Bosnia and Herzegovina Joint Opinion on the Legal
Strasbourg, Warsaw, 9 December 2019 CDL-AD(2019)026 Opinion No. 951/2019 Or. Engl. ODIHR Opinion Nr.:FoA-BiH/360/2019 EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) OSCE OFFICE FOR DEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS (OSCE/ODIHR) BOSNIA AND HERZEGOVINA JOINT OPINION ON THE LEGAL FRAMEWORK GOVERNING THE FREEDOM OF PEACEFUL ASSEMBLY IN BOSNIA AND HERZEGOVINA, IN ITS TWO ENTITIES AND IN BRČKO DISTRICT Adopted by the Venice Commission at its 121st Plenary Session (Venice, 6-7 December 2019) On the basis of comments by Ms Claire BAZY-MALAURIE (Member, France) Mr Paolo CAROZZA (Member, United States of America) Mr Nicolae ESANU (Substitute member, Moldova) Mr Jean-Claude SCHOLSEM (substitute member, Belgium) This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-AD(2019)026 - 2 - Table of Contents I. Introduction ................................................................................................................ 3 II. Background and Scope of the Opinion ...................................................................... 4 III. International Standards .............................................................................................. 5 IV. Legal context and legislative competence .................................................................. 6 V. Analysis ..................................................................................................................... 8 A. Definitions of public assembly .................................................................................. -
Rural-Urban Differences and the Break-Up of Yugoslavia L’Opposition Ville-Campagne Et La Dissolution De La Yougoslavie
Balkanologie Revue d'études pluridisciplinaires Vol. VI, n° 1-2 | 2002 Volume VI Numéro 1-2 Rural-urban differences and the break-up of Yugoslavia L’opposition ville-campagne et la dissolution de la Yougoslavie John B. Allcock Electronic version URL: http://journals.openedition.org/balkanologie/447 DOI: 10.4000/balkanologie.447 ISSN: 1965-0582 Publisher Association française d'études sur les Balkans (Afebalk) Printed version Date of publication: 1 December 2002 Number of pages: 101-125 ISSN: 1279-7952 Electronic reference John B. Allcock, « Rural-urban differences and the break-up of Yugoslavia », Balkanologie [Online], Vol. VI, n° 1-2 | 2002, Online since 04 February 2009, connection on 17 December 2020. URL : http:// journals.openedition.org/balkanologie/447 ; DOI : https://doi.org/10.4000/balkanologie.447 © Tous droits réservés Balkanologie VI (1-2), décembre 2002, p. 101-125 \ 101 RURAL-URBAN DIFFERENCES AND THE BREAK-UP OF YUGOSLAVIA* John B. Allcock* INTRODUCTION There has been widespread debate over the possible causes of the break up of the former Yugoslav federation, encompassing a broad choice of political, economic and cultural factors within the country, as well as aspects of its in ternational setting, which might be considered to have undermined the in tegrity of the state. Relatively little attention has been paid, however, to the importance of rural-urban differences in the development of these social and political conflicts. I set it out in this paper to remind the reader of the impor tance of this dimension of the disintegration of the former Yugoslavia, al though within the format of a brief article it is possible to do no more than il lustrate a hypothesis which will certainly require more rigorous empirical examination. -
Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (BOSNIA AND HERZEGOVINA v. YUGOSLAVIA) PKELIMINARY OBJECTIONS JUNE 1995 I TABLE OF CONTENTS PRELIMINARY OBJECTIONS .............................. 1 INTRODUCTION ....................................... 3 FACTS ........................................... 7 1.1. Relevant facts from the past of Bosnia and Herzegovina ............................. 7 1.2. The creation of the Kingdom of Serbs, Croats and Slovenes and the status of Muslims in that State . 11 1.3. Genocide committed against the Serbs in Bosnia and Herzegovina during the Second World War . 12 1.4. The stati~sof Muslims in Bosnia-Herzegovina in post-war socialist Yugoslavia ................ 20 1.5. The first cirisis in inter-ethnic relations in post-war socialist Yugoslavia ................ 23 1.6. The founding of parties in the Yugoslav Republic of Bosnia and Herzegovina in 1990 ............. 24 1.7. The first multiparty elections in Bosnia-Herzegovina . 36 1.8. Disagreement between the three leading parties over the future organization of Yugoslavia and Bosnia- Herzegovina in 1991 ...................... 38 1.9. The rebellion by members of the SDA and the HDZ in the republican government against the SFRY and pressures on the Serb people in Bosnia-Herzegovina (1 991 -1 992) ............................. 3": 1.10 . The emergence of new states in the territory of the former Yugoslav republic of Bosnia-Herzegovina . 72 1.1 1. The establishment of the Bosnian Serb Republic . 73 1.12. The establishment of the so-called Republic of Bosnia-Herzegovina ....................... 77 1.13 . The establishment of Herzeg-Bosnia ........... 82 1.14 . The establishment of the Autonomous Province of Western Bosnia ...................... -
Yugoslavia Dismembered
YUGOSLAVIA DISMEMBERED CATHERINE SAMARY Yugoslavia Dismembered Catherine Samary Translated by Peter Drucker Monthly Review Press New York Copyright © 1995 by Monthly Review Press All rights reserved First published in France under the title La Dechirure yougoslave, © 1994 by L’Harmattan Library of Congress Cataloging-in-Publication Data Samary, Catherine [Dechirure yougoslave. English! Yugoslavia dismembered / Catherine Samary : translated by Peter Drucker. p. cm. Includes bibliographical references. ISBN 0-85345-921-5 (cloth) — ISBN 0-85345-922-3 (paper) 1. Yugoslav War, 1991 Causes. 2. Nationalism—Yugoslavia. 3. Yugoslavia—Politics and government. 4. Yugoslavia—Ethnic relations. 5. National security—Europe. I. Title. DR1313.S2613 1995 949.702*4—dc20 95-12971 CIP Maps on pages 16, 117, and 118 adapted from Robert J. Donia and John V.A. Fine, Jr., Bosnia and Herzegovina: A Tradition Betrayed (London: Hurst & Co., 1994). Monthly Review Press 122 West 27th Street New York NY 10001 Manufactured in the United States of America 10 987654321 For Hubert For your sharp criticisms For our fruitful disagreements For everything that J have taken and learned from you For Myriam and for Jean I dedicate this book to all the men and women who resist, to my friends— Serbs, Croats, Slovenes, Gypsies, Montenegrins, Macedonians, Muslims, Albanians, Jews— Bosnians, Yugoslavs, “Eskimos”....* • Many former Yugoslavs who reject nationalist divisions have taken to calling themselves “Eskimos,” even on census forms, instead of Serb, Croat, Muslim, etc. The term is meant in an entirely positive sense. Contents Preface 9 Background on Yugoslavia 15 Introduction. The Yugoslav Crisis: An Overview 25 1. Indeterminate Nationalities 35 2. -
The Political in Bosnia and Herzegovina
Hunger & Fury: The Political in Bosnia and Herzegovina Jasmin Mujanović A Dissertation Submitted to the Faculty of Graduate Studies in Partial Fulfilment of the Re- quirements for the Degree of Doctor of Philosophy Graduate Program in Political Science York University Toronto, ON May 2016 © Jasmin Mujanović, 2016 Abstract This text is an attempt to (re)approach the process of political and social transfor- mation in Bosnia-Herzegovina (BiH) over the past century and a half through the prism of popular agency. The primary research question of this dissertation asks why given nearly uni- formly catastrophic social indicators across virtually all socio-economic categories there are so few instances of overt popular dissatisfaction (e.g. protests and/or energetic voter turnout) with the prevailing political order in BiH? In addressing this question through an analysis that straddles political theory, international relations, and political economy literatures I focus on the role played by the specific local variant(s) of the nation-state form in essentially depoliti- cizing the majority of the population in this polity. My central argument is that rather than creating the conditions for rational-legal public administration and multi-party competition, the state in BiH has historically served to deny political agency to would-be citizens. The state in BiH has actively sought to eliminate civil society, in other words, and that therefore the de- fining political and social crises in contemporary BiH must be understood in the context of nearly two centuries of this particular and peculiar state (and nation) formation process. I ar- gue that the historic evolution of the BiH polity has been characterized by a form of elastic authoritarianism; the process of seemingly persistent ideological mutation contrasted by static political and economic patterns. -
The Dutch Republic and Spain in the First
DIECIOCHO 32.2 (Fall 2009) 1 MERCHANTS AND OBSERVERS. THE DUTCH REPUBLIC’S COMMERCIAL INTERESTS IN SPAIN AND THE MERCHANT COMMUNITY IN CADIZ IN THE EIGHTEENTH CENTURY.1 ANA CRESPO SOLANA CSIC (Madrid) Introduction Around 1720, the Dutch merchant colony in Cadiz succeeded in restoring trade with Amsterdam after several crisis periods. At the end of the 17th century and during the Spanish War of Succession, Dutch-Spanish trade went into a period of recession, although only in relative terms. Trade in general, just like everything else as far as the United Provinces were concerned, was affected by this ‘decline’ (Achteruitgang), as once described by Jonathan Israel or even by Jan de Vries himself. Holland stepped off the aggressive international scenario but continued its fruitful growth in the cultural and economic fields (Israel 378-395). The signs of such decline vary depending on the different sectors of Dutch foreign trade. To the minds of the merchants in the Maritime Provinces trading with vast overseas regions and for those that received their consignments at various European port-towns, Dutch trade and shipping was the mainstay of the economy of the countries where they had spread their commercial networks. One of those countries was Spain, especially the areas of influence of various ports in Andalusia, the Mediterranean and the northern coast. With regard to trade with France and even with England, the Dutch lost ground in financial terms, although their role as capital and financial marine services (freights, insurance), exporters as well as manufacture providers and re-exporters of colonial produce and certain raw materials, did not diminish. -
An Archaeological Assessment of Steward Plantation, St. Eustatius, Caribbean Netherlands
An archaeological assessment of Steward plantation, St. Eustatius, Caribbean Netherlands Ruud Stelten MA Client Ministerie van Defensie Dienst Vastgoed Defensie Directie West Postbus 90004 3509AA Utrecht Contractor St. Eustatius Center for Archaeological Research Rosemary Lane St. Eustatius, Caribisch Nederland [email protected] +599 318 0066 Principal Investigator, Author, and Site Director Ruud Stelten MA Archaeologist St. Eustatius Center for Archaeological Research [email protected] +599 586 0873 Date: 2 February 2012 Acknowledgements SECAR would like to thank José Romero and his team from Paradise Landscaping for the clearing of the archaeological sites and cutting the paths through the research area. Their outstanding work was instrumental in bringing this project to a successful end. SECAR also likes to thank Ronald Mettraux for the excellent aerial photography flight. Table of contents 1. Introduction 1 2. Historical background 2 3. Cartographic evidence 16 4. Research methodology 25 5. Results 26 6. Discussion and recommendations 45 7. Bibliography 47 Appendix: Aerial overview of sites 1. Introduction In November 2011, the St. Eustatius Center for Archaeological Research was asked to conduct an archaeological assessment of Steward plantation. The reason for this assessment to be carried out was the proposed construction of a correctional facility at this location that will serve both Statia and Saba. The research area is located on the eastern slope of the Quill volcano (Figure 1), and houses several known archaeological remains. These were mapped and documented by archaeologist Jay Haviser in 1981. Furthermore, there was a high potential for the presence of additional archaeological sites. The construction of the proposed facility will have a direct impact on various archaeological sites. -
Ethnonationality and Inter-Generational Dis-Continuities
Università degli studi di Milano Università degli studi di Torino Dip. di Scienze Sociali e Politiche Dip. di Culture, politica e società PhD PROGRAM SOCIOLOGY AND METHODOLOGY OF SOCIAL RESEARCH – 30th cohort Ethnonationality and Inter-Generational Dis-Continuities. Political regimes, ideologies and masses in Bosnia Herzegovina and Former Yugoslav Republic of Macedonia, from their Yugoslav past until nowadays. Doctoral dissertation by Arianna Maria Bambina Piacentini Supervisor: Prof. Dario Tuorto Co-Supervisor: Prof. Paolo Segatti Director of Doctoral Program: Prof. Mario Cardano II 1 To those who believed in it. III 1 IV 1 Table of Content List of Table XIII List of Abbreviations XV Acknowledgement XVII INTRODUCTION 1 0.1 Topic of the research 1 0.1.1 Aims and Relevance of the study 3 0.2 Research questions and Hypothesis 4 0.3 Research design and Methodological choices 7 0.3.1 Time period and political regimes: why Yugoslavia and post-Yugoslavia 7 0.3.2 Context: Why Macedonia and Bosnia Herzegovina 10 0.3.2.1 Skopje and Sarajevo 13 0.3.3 Unit of analysis: why two generations 13 0.3.3.1 Scientific Relevance in Considering Parents and Children 14 0.4 Methodology of the Research 16 0.4.1 Families and semi-structured interviews 16 0.4.1.1 Structure and topics of the interviews 17 0.4.2 Informants and semi-structured interviews 19 0.4.3 Research obstacles 20 0.5 Structure and findings of the research 22 CHAPTER 1 – CONCEPTS AND THEORIES. COLLECTIVITIES, IDEOLOGIES AND THE STATE 26 1.1 Ethnic groups and Nations 27 1.1.1 Ethnic boundaries -
Steward-Ownership
2 What to expect from this book This publication is intended to shed light on the In the stories of steward-ownership, we explore the different ways a company can incorporate accountability, experiences of founders and owners from across Europe and mission integrity, and lasting independence into its the United States who have implemented steward-ownership ownership structure. We look at how steward-ownership to protect their companies’ missions and independence. enables companies to protect their values regarding The companies from which these case studies are drawn the environment, society, and their employees in their range from larger industrial enterprises to small sustainable legal DNA. And we explore the positive impacts these startups and mid-sized businesses. Together they illustrate structures have on the profitability, longevity, and culture the range of motivations behind founders’ and organizations’ of corporations. Our goal is to offer a viable alternative decisions to transition to steward-ownership. We hear to the prevailing model and the growing market trend of directly from Juho Makkonen, Sharetribe co-founder, corporate mergers and acquisitions, which has seen large and Ernst Schütz, former owner of Waschbär, on the corporations swallow up mid-sized companies and thus ownership challenges business face in different stages of increased market centralization. This book offers examples their biographies, from VC financing to succession planning. and testimonies of entrepreneurs and investors who are These case studies also highlight the myriad of ways steward- doing things differently. Readers of this book will explore ownership can be structured depending on the needs, both the philosophical and historical foundations of steward- capacity, and maturity of a business. -
The Stuart Dynasty
A /**. N B?iiilV Scot'and *B000448613* THE STUART DYNASTY: SHORT STUDIES OF ITS RISE, COURSE, AND EARLY EXILE. THE LATTER PRAWN FROM PAPEES IN HER MAJESTY'S POSSESSION AT WINDSOR CASTLE. BY PERCY M. THORNTON, AUTHOR OF ' ' FOREIGN SECRETARIES OF THE NINETEENTH CENTURY ' ; HARROW SCHOOL AND ITS SURROUNDINGS'; 'THE BRUNSWICK ACCESSION*; ETC, ETC. (s < C#A> ^ LONDON: WILLIAM RIDGWAY, 169, PICCADILLY, W. 1891. &0 HER MOST GRACIOUS MAJESTY VICTOKIA, QUEEN OF GREAT BRITAIN AND IRELAND, EMPRESS OF INDIA, THESE RESEARCHES AMONG ANCESTRAL RECORDS OF THE ROYAL HOUSE OF STUART ARE, BY PERMISSION, INSCRIBED BY HER MAJESTY'S DUTIFUL AND DEVOTED SUBJECT AND SERVANT, PERCY MELVILLE THORNTON. Digitized by the Internet Archive in 2011 with funding from National Library of Scotland http://www.archive.org/details/stuartdynastysho1891thor PREFACE TO THE SECOND EDITION. A favourable reception, quite beyond expectation, has induced me to publish an edition of this work at a popular price. In so doing I shall not attempt to cope in detail with the opinions of some sixty too lenient critics, but content myself with a justification of that via media which I claim to have taken in regard to the controversy which continues between the two schools who respectively laud and execrate the Stuart name. That I am not so far from the truth in my estimate as some critics suppose, is, I think, manifest from the strong objection taken to my conclusions by the White Rose organs on one hand, and the Daily News and several journals in sj'mpathy with it on the other; while the fact that a majority of my critics have expressed themselves in favour of a juste milieu being observed in estimating the merits and demerits of the unfortunate Stuart race, leads one to believe that some protest against the ipse dixit school of historians was needed. -
United Nations
UNITED NATIONS International Tribunal for the Case No. IT-95-14/2-T Prosecution of Persons Responsible for Serious Violations of Date: 26 February 2001 International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 Original: ENGLISH IN THE TRIAL CHAMBER Before: Judge Richard May, Presiding Judge Mohamed Bennouna Judge Patrick Robinson Registrar: Mr. Hans Holthuis Date: 26 February 2001 PROSECUTOR v. DARIO KORDI] & MARIO ^ERKEZ JUDGEMENT The Office of the Prosecutor: Mr. Geoffrey Nice, Q.C. Mr. Patrick Lopez-Terres Mr. Kenneth R. Scott Ms. Susan Somers Mr. Fabricio Guariglia Counsel for the Accused: Mr. Mitko Naumovski, Mr. Turner T. Smith, Jr., Mr. Stephen M. Sayers, Mr. Robert Stein and Mr. Christopher G. Browning, Jr., for Dario Kordi} Mr. Božidar Kova~i} and Mr. Goran Mikuli~i}, for Mario ^erkez Case No. IT-95-14/2-T 26 February 2001 CONTENTS PART ONE: INTRODUCTION......................................................................................................1 PART TWO: THE LAW .................................................................................................................9 I. GENERAL REQUIREMENTS FOR THE APPLICATION OF ARTICLES 2, 3 AND 5 OF THE STATUTE....................................................................................................................9 A. ELEMENTS COMMON TO ARTICLES 2, 3 AND 5 OF THE STATUTE .................................................9 1. Requirement of an Armed Conflict..........................................................................................9 -
ICTY Prosecutor V. Momcilo Perisic
International Tribunal for the Prosecution of Persons Case: IT-00-39-T Responsible for Serious Violations of International Humanitarian Law Date: 27 September 2006 UNITED Committed in the Territory of the NATIONS Former Yugoslavia since 1991 Original: English TRIALU CHAMBER I Before: Judge Alphons Orie, Presiding Judge Joaquín Martín Canivell Judge Claude Hanoteau Registrar: Mr Hans Holthuis Judgement of: 27 September 2006 PROSECUTOR v. MOMČILO KRAJIŠNIK _________________________________________________________________________ JUDGEMENT _________________________________________________________________________ OfficeU of the Prosecutor Mr Mark Harmon Mr Alan Tieger Mr Stephen Margetts Mr Fergal Gaynor Ms Carolyn Edgerton Ms Katrina Gustafson DefenceU Counsel Mr Nicholas Stewart, QC Mr David Josse Prosecutor v. Momčilo Krajišnik Preliminary ContentsU General abbreviations 6 1. Introduction and overview 9 1.1 The Accused 9 1.2 Indictment 10 1.3 Bosnia-Herzegovina: geography, population, history 12 1.4 Structure of judgement 14 2. Political precursors 16 2.1 Political developments, 1990 to early 1991 16 2.1.1 Creation of the SDS 16 2.1.2 Division of power among the coalition parties 17 2.2 Arming and mobilization of population 19 2.3 State of fear 24 2.4 Creation of Serb autonomous regions and districts 26 2.5 Creation of Bosnian-Serb Assembly 31 2.6 SDS Instructions of 19 December 1991 36 2.7 Proclamation of Bosnian-Serb Republic 43 2.8 Establishment of Bosnian-Serb Republic 50 3. Administration of Bosnian-Serb Republic 54 3.1 Bosnian-Serb