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E-book
Author Nystuen, Gro

Title Achieving peace or protecting human rights? : conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement / by Gro Nystuen
Published Leiden ; Boston : Martinus Nijhoff Publishers, 2005

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Description 1 online resource (xi, 296 pages)
Series Raoul Wallenberg Institute human rights library ; v. 23
Raoul Wallenberg Institute human rights library ; v. 23.
Contents ACKNOWLEDGEMENTS; CHAPTER 1. INTRODUCTION; CHAPTER 2. METHODOLOGY; CHAPTER 3. THE DAYTON PEACE AGREEMENT -- BACKGROUND AND OVERVIEW; CHAPTER 4. THE GENERAL FRAMEWORK AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA; CHAPTER 5. PROTECTION AGAINST ETHNIC DISCRIMINATION IN BOSNIA AND HERZEGOVINA; CHAPTER 6. ETHNIC DIFFERENTIATION RULES IN THE BH CONSTITUTION; CHAPTER 7. THE SCOPE OF CONFLICT BETWEEN THE NON-DISCRIMINATION RULES AND THE RULES AUTHORISING ETHNIC DIFFERENTIATION; CHAPTER 8. POSSIBLE JUSTIFICATIONS FOR ETHNIC DIFFERENTIATION IN EMERGENCIES
CHAPTER 9. POSSIBLE WAYS OF ADDRESSING ETHNIC DIFFERENTIATIONCHAPTER 10. CONCLUDING REMARKS; BIBLIOGRAPHY; TABLE OF CASES; ANNEX I; ANNEX II; INDEX
Summary "Achieving peace or protecting human rights? Conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement" examines some of the legal issues pertaining to international settlements aiming at ending a war, finding political common ground between bitter enemies, and at the same time, protecting individual human rights. The author examines the Dayton Peace Agreement for Bosnia and Herzegovina, and in particular the constitutional framework which on the one hand secures everyone's human rights and protection from ethnic discrimination, but on the other hand sets up a political system which in fact discriminates on the basis of ethnicity. The author argues that it might have been consistent with international law (particularly the legal regimes of derogation and necessity) to agree on such a constitutional system at the time of the Dayton negotiations because the alternative was a high risk of continued war, but that a constitutional arrangement with clear human rights deficiencies should have been made temporary. The author points out that the ethnically-based constitutional system, for the time being, seems to prevail at the expense of the right to non-discrimination, and discusses various possibilities of altering this situation
Notes Originally presented as the author's thesis (doctoral)--University of Oslo, 2004
Bibliography Includes bibliographical references (pages 255-261) and index
Notes Print version record
SUBJECT Dayton Peace Accords (1995) http://id.loc.gov/authorities/names/n96112122
Dayton Peace Accords (1995) fast
Subject Yugoslav War, 1991-1995 -- Peace
Discrimination -- Law and legislation -- Former Yugoslav republics
Human rights -- Former Yugoslav republics
POLITICAL SCIENCE -- Political Freedom & Security -- Human Rights.
Peace
Discrimination -- Law and legislation
Human rights
Yugoslavia
Form Electronic book
ISBN 9781429427173
1429427175
9789004146525
9004146520