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Tahir Herenda

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The political systems of Bosnia and Herzegovina, Cyprus, and Lebanon are defined by ethnic or religious divides that have historical roots in their Ottoman and European colonial past. This paper aims to investigate the impact of these historical legacies on popular representation and institutional structures. The Ottomans and European colonizers created institutions that allowed subjects to elect their representatives, shaping these countries' initial experiences with modernity. This paper employs historical institutionalism as a theoretical approach, and path dependency as a methodology to explore how historical legacies have shaped the political institutions and power‐sharing arrangements in Bosnia and Herzegovina, Cyprus, and Lebanon.

Meliha Povlakić, Tahir Herenda, Nasir Muftić

The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.

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