Abstract

The focus of this paper is on temporary international administration of territory, by an international organisation or a group of states, in post-conflict situations (e.g. Kosovo [UNMIK] or Bosnia & Herzegovina, [OHR]). International territorial administrations (ITAs) can adopt decisions without engaging in significant consultations with affected individuals. For example, an administrator can adjudicate property disputes, operate/reconstruct public utilities, and dismiss people from public office. Characteristically, ITA exercise power all-encompassing and possess the ultimate authority. This exercise of public power questions the inclusion of individuals in these decision-making procedures directly affecting individuals. This paper will focus on the demand for access to justice and the creative way in which the Constitutional Court of Bosnia & Herzegovina [CCBH] has dealt with this issue.

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