CIAO DATE: 05/2010
March 2010
European Union Institute for Security Studies
This Occasional Paper analyses the issue of the Bonn Powers in Bosnia -- whereby the Office of the High Representative (OHR) can enact laws and remove elected officials -- by comprehensively assessing the legitimacy of past OHR decisions. Adopting an established theory of legitimacy developed by Harold Lasswell and Myres McDougal, it argues that empirical legitimacy is best conceived as serving common interests of effective actors within an authorised process, and normatively prescribes that such process should be shaped to maximise values of human dignity. Given this theoretical framework, it examines the process authorised under the Dayton Agreement, which created the political structure that currently exists in Bosnia. It discusses the origins of the Bonn Powers and surveys the various criticisms that have been levelled against them. It then develops an overall analysis of all OHR decisions to date and provides a critique of those categories of decisions that appear inconsistent with the Dayton order and its proclaimed organising principles. Moreover, it provides a focused assessment of a sample of the most problematic decisions, e.g. the removal of elected officials, to show how their empirical legitimacy can be analysed. Finally, the paper concludes with policy recommendations, focusing on the issue of whether the Bonn Powers should be renounced or retained in the future.
Resource link: The EU in Bosnia and Herzegovina: Powers, Decisions and Legitimacy [PDF] - 996K