Prethodno priopćenje
https://doi.org/10.31297/hkju.20.2.7
Diplomacy within Limits of the Law: Croatia and Bosnia and Herzegovina
Ivan Padjen
orcid.org/0000-0001-7606-2337
; umirovljeni redoviti profesor prava, Fakultet političkih znanosti Sveučilišta u Zagrebu, Pravni fakultet Sveučilišta u Rijeci, Hrvatska
Sažetak
The paper deals with the main problem of the Republic of Croatia’s foreign policy on the Constitution of Bosnia and Herzegovina, which fails to alleviate the social (political, economic, cultural, etc.) inadequacies of Bosnia and Herzegovina that can and ought to be solved within the limits of the law. It is of meagre success because it is a policy of political parties rather than of a nation-state. The mainstream policy is ethnicist. Its alternative ignores the fact that the Republic of Croatia, as a party to the Dayton Peace Agreement, whose part is the Constitution of Bosnia and Herzegovina, is by international law entitled to demand other parties, including Bosnia and Herzegovina, to observe and change the Agreement. The subordinate problem is a paucity of knowledge
provided by legal scholars in the Republic of Croatia about the main problem. The knowledge deficit is a consequence of the lack of interest in the policy and oversight of its legal ramifications. The principal goal of the paper is the preparation of a research-project within integral legal scholarship supplemented by original legal dogmatics and adjusted policy analysis. The principal hypotheses are that the past policy can be ascribed to Croatian institutions (legalistic order, ethnic state, parochial studies) and their environment (dependence on foreign powers, pre-political and pre-legal conditions of the Croatian population); and that the same policy, even in a stable environment, should be expected to facilitate threats to the very existence of Bosnia and Hercegovina and Bosnian Croats, thus greatly endangering the Republic of Croatia. On the assumption that the environment, as well as the institutions
and doctrines improve, the paper proposes a state policy as an alternative to past partisanship, with a view of re-instituting Bosnia and Hercegovina as a functional nation-state, establishing local and cultural autonomy, and retaining the constitution-making power of each major ethnic community in Bosnia and Hercegovina. The expected consequences are the strengthening of Bosnia and Hercegovina, Bosnian Croats, and the Republic of Croatia, in line with the values and principles of the inquiry.
Ključne riječi
Republic of Croatia’s foreign policy; Constitution of Bosnia and Herzegovina; Dayton Peace Agreement 1995; law and policy; the State; people; nation
Hrčak ID:
241886
URI
Datum izdavanja:
30.6.2020.
Posjeta: 1.435 *