When the Total is Less than the Sum of the Parts

Abstract

This chapter examines the impact of territorial restructuring in Bosnia and Herzegovina (BiH) and the context in which it took place. It first considers the context that accompanied the breakup of the Socialist Federal Republic of Yugoslavia before discussing the period of constitutional engagement in the BiH. In particular, it highlights two major issues: the process (or lack thereof) of constitutional change and the centrality of territory. It then explores the role played by international engagement in the implementation of the Dayton Peace Agreement (which made the territorial reorganization of BiH possible), the activism of BiH’s Constitutional Court, and the influence of the European Court of Human Rights. Finally, it analyzes two important lessons from Bosnia with respect to how territorial cleavages ought to be handled in constitutional processes: state capture and citizen loyalties.