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Paper Details

GRANIČNI SPOROVI BOSNE I HERCEGOVINE SA REPUBLIKOM HRVATSKOM // BORDER DISPUTES BETWEEN BOSNIA AND HERZEGOVINA AND THE REPUBLIC OF CROATIA

SEAD OMERBEGOVIĆ, IZUDIN ŠARIĆ

Journal Title:Historijski pogledi/Historical Views
Abstract


Bosnia and Herzegovina has been fighting for centuries through centuries in order to remain a unique, complete, independent and sovereign state. Throughout its many years of history, the various rulers who shared, appropriated, gave and took parts of its territory without any consequences were replaced in its territory. Following the independence referendum held on February 29 and March 1, 1992, the international recognition of Bosnia and Herzegovina followed on 6 April 1992 by the European Community (EC) in its existing borders. On June 30, 1999, Bosnia and Herzegovina signed the Border Agreement with the Republic of Croatia, but it has never been ratified by the Croatian Parliament or by the Bosnia and Herzegovina Parliament. When it comes to the territorial demarcation of Bosnia and Herzegovina with the neighboring countries, the opinion of the Badinter Arbitration Commission of the Conference on Yugoslavia, which defined the boundaries of delimitation based on some rules of international law, is important. In this regard, it is necessary to point out the legal significance of Opinion no. 3. Arbitration commissions which read: "The borders between former federal units are considered to be the borders of the successor states, and can not be changed by force, but only by agreement". The principle of "uti possidetis" can serve as a basis for defining the land borders of Bosnia and Herzegovina with neighboring countries. The gaining of Bosnia and Herzegovina's independence and its international recognition has sparked an interest in the issue of identification, that is, determining its land borders with neighboring countries, as well as the sea delineation with the Republic of Croatia. The international recognition of new states implies clearly and undoubtedly the limits of its sovereignty.

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