By Gro Nystuen
”Achieving peace or keeping human rights? Conflicts among norms concerning ethnic discrimination within the Dayton Peace contract” examines a few of the felony concerns referring to foreign settlements aiming at finishing a warfare, discovering political universal flooring among sour enemies, and even as, holding person human rights. the writer examines the Dayton Peace contract for Bosnia and Herzegovina, and particularly the constitutional framework which at the one hand secures everyone’s human rights and safeguard from ethnic discrimination, yet nonetheless units up a political approach which in reality discriminates at the foundation of ethnicity. the writer argues that it may were in line with foreign legislation (particularly the felony regimes of derogation and necessity) to agree on the sort of constitutional process on the time of the Dayton negotiations as the replacement was once a excessive chance of persisted conflict, yet constitutional association with transparent human rights deficiencies must have been made transitority. the writer issues out that the ethnically-based constitutional approach, in the intervening time, turns out to be successful on the price of the fitting to non-discrimination, and discusses a number of probabilities of changing this example.
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2. A Contemporary Approach to Sources of International Law Today, there seems to be general agreement that the list of sources in Article 38 of the ICJ statute is not an exhaustive list of possible sources of international law. Rosalyn Higgins claims that the concept of sources of international law must be seen in a larger context than what literally follows from Article 38: “It is interesting that the route to the identification of sources is via an identification of what rules the International Court of Justice will apply in resolving legal disputes.
THE POSSIBLE “PROCESSING” OF PEACE AGREEMENTS IN THE UN SYSTEM OF COLLECTIVE SECURITY The Dayton peace process, as well as many other peace processes, has in many ways taken place within the framework of the UN system of collective security. It seems useful to relate some of the key features of this system in order to facilitate the understanding of the fact that the Dayton Peace Agreement was a result of a long process with many different stages before the actual termination of the violent conflict.
39. , p. 41. 22 METHODOLOGY law. 60 The sources of international law on which the Court may base its decisions were defined as: x x x treaties (international conventions, whether general or particular, establishing rules expressly recognized by the contesting states) – Article 38 (1) a, custom (international custom, as evidence of a general practice accepted as law) – Article 38 (1) b and general principles (general principles of law recognized by civilized nations) – Article 38 (1)c. 63 Article 38 goes on to say that the Court may also apply: x judicial decisions (subject to the rule in Article 59 that decisions by the ICJ are only binding on the parties to each case), and the teachings (of the most highly qualified publicists of the various nations), - Article 38 (1) d, but only as subsidiary means for the determination of rules of law.