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The Dayton Agreements and International Law

Paola Gaeta1

Full text available: PDF format *

I. Introduction

The agreements which put an end to the bloodiest war fought in Europe since the Second World War are, in many respects, akin to other treaties which settled serious political and military crises. The Camp David Agreements of 17 September 1978 and the Peace Treaty between Israel and Egypt of 26 March 1979, in particular, come to mind, especially considering the rôle played in both by the United States Administration in attaining peace. However, the Dayton agreements are characterized by some unique legal features, which reflect the complexity of the peace process in the former Yugoslavia. This paper intends to discuss briefly the original and unusual aspects of the agreements from the point of view of international law. I shall classify these aspects under the following headings: (1) the law of treaties; (2) the international personality of de facto governments; (3) the State's constitutional organization. Before such examination I shall however briefly dwell on some general traits of the agreements.

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1 European University Institute.

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