08.03.2024
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Sanctions, National Sovereignty, and EU Membership

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Sanctions, National Sovereignty, and EU Membership

As Bosnia and Herzegovina (BiH) navigates its path towards European Union (EU) membership, the country finds itself at the intersection of national sovereignty and the pressures of EU-imposed sanctions and policies. The delicate balance between preserving state autonomy and conforming to EU expectations presents a complex challenge, one that raises fundamental questions about the nature of sovereignty in a globalized world and the compromises necessary for EU integration.

The Principle of National Sovereignty

National sovereignty is a cornerstone of international relations, embodying the right of states to govern themselves without external interference. For Bosnia and Herzegovina, a country that has endured a tumultuous history marked by conflict and external interventions, the concept of sovereignty is particularly sacrosanct. The Dayton Peace Agreement of 1995, which ended the Bosnian War, established BiH as a sovereign state with a complex and delicate political structure. This structure, while ensuring peace, also entrenches ethnic divisions and complicates governance.

In this context, any external pressure, particularly in the form of sanctions or policy mandates from the EU, can be perceived as an infringement on sovereignty. For BiH, the challenge lies in reconciling its sovereign rights with the requirements of EU integration, which often necessitates alignment with EU foreign policy, including sanctions.

EU Sanctions: A Tool of Foreign Policy

Sanctions are a key instrument of the EU's foreign policy, used to exert pressure on states, entities, or individuals that are deemed to violate international law, human rights, or pose a threat to peace and security. The EU's Common Foreign and Security Policy (CFSP) outlines the principles and objectives guiding the use of sanctions, which include the promotion of democracy, the rule of law, and respect for human rights.

For countries aspiring to join the EU, adherence to the CFSP, including the implementation of sanctions, is a crucial aspect of the accession process. This alignment is seen as a litmus test of a candidate country's commitment to EU values and its readiness to be part of the EU's collective decision-making process.

However, for Bosnia and Herzegovina, which has a unique and sensitive political landscape, conforming to EU sanctions can be problematic. The country’s internal divisions, rooted in ethnic and political differences, mean that decisions on foreign policy, including sanctions, are often contested. For instance, the Republika Srpska entity within BiH has historically resisted certain EU foreign policy measures, citing the protection of national interests and sovereignty.

The Tension Between Sovereignty and EU Alignment

The tension between national sovereignty and EU alignment becomes particularly pronounced when sanctions are involved. For BiH, complying with EU sanctions often means navigating complex internal dynamics and the risk of exacerbating ethnic tensions. The EU’s expectation of full alignment with its foreign policy can be seen as a challenge to BiH’s sovereignty, particularly when such policies conflict with the interests of one or more of the country’s constituent entities.

Moreover, the imposition of sanctions by the EU can have significant economic and political consequences for BiH. As a country with a fragile economy and a delicate political balance, the impact of sanctions, whether imposed directly on BiH or on neighboring countries with which it has close ties, can be profound. The potential for economic disruption and political instability raises concerns about the long-term implications of full EU alignment for BiH’s sovereignty and stability.

The Case of Bosnia and Herzegovina

Bosnia and Herzegovina’s path to EU membership is fraught with challenges, many of which are tied to its unique political structure and the legacy of the Dayton Agreement. The country’s aspirations for EU membership are driven by the desire for economic development, political stability, and integration into the European community. However, the road to membership requires BiH to navigate the complex terrain of EU policies, including sanctions.

One of the most significant challenges for BiH in this regard is the need for consensus among its constituent entities on foreign policy matters. The requirement for alignment with EU sanctions often places BiH’s central government in a difficult position, caught between the demands of the EU and the differing views of its entities. This has led to instances where BiH has been slow or unable to fully align with EU sanctions, raising questions about its readiness for EU membership.

Nonetheless, Bosnia and Herzegovina has, on several occasions, complied with EU sanctions, particularly when there has been consensus among its political entities and alignment with the country's broader foreign policy goals. For example, in response to Russia's annexation of Crimea in 2014, the EU imposed sanctions on Russia targeting individuals, businesses, and sectors of the Russian economy. Despite internal divisions, Bosnia and Herzegovina aligned itself with these sanctions, reflecting its commitment to EU values and its aspirations for closer integration with the Union. This compliance was seen as a positive step in demonstrating BiH's willingness to conform to EU foreign policy, even amidst its complex political landscape.

However, there have also been instances where Bosnia and Herzegovina has struggled to comply with EU sanctions, often due to internal political disagreements. A notable example occurred when the EU imposed sanctions against Belarus following the disputed 2020 presidential election and subsequent human rights violations. The Republika Srpska entity within BiH, which has close ties to Russia and Belarus, resisted alignment with these sanctions, citing the protection of national interests and sovereignty. This resistance highlighted the challenges BiH faces in balancing its sovereignty and internal political dynamics with the pressure to conform to EU foreign policy. 

The EU has made it clear that full alignment with its foreign policy, including sanctions, is a non-negotiable requirement for membership. For BiH, this means that its sovereignty will inevitably be tested as it moves closer to EU accession. The challenge for BiH is to find a way to reconcile its sovereign rights with the demands of EU integration while maintaining internal stability and fostering consensus among its constituent entities.

What Does This Mean for Bosnia and Herzegovina's EU Aspirations?

Bosnia and Herzegovina’s EU aspirations are closely tied to its ability to align with EU policies, including sanctions. The tension between national sovereignty and the pressure to conform to EU expectations is a fundamental challenge that BiH must address if it is to succeed in its quest for membership.

For BiH, the path forward requires a careful balancing act. The country must demonstrate its commitment to EU values and its readiness to be part of the EU’s collective decision-making process, while also safeguarding its sovereignty and ensuring that its internal political dynamics do not derail its EU aspirations.

The EU, for its part, must recognize the unique challenges that BiH faces and provide support and guidance that takes into account the country’s complex political structure. This includes offering flexibility where possible and understanding the need for gradual alignment in certain areas.

In conclusion, the case of Bosnia and Herzegovina highlights the broader tension between national sovereignty and the demands of EU membership. For BiH, navigating this tension is a critical part of its EU accession process, one that will require careful diplomacy, internal consensus-building, and a clear vision for the future. As BiH continues on its path towards EU membership, the challenge will be to strike the right balance between preserving its sovereignty and fulfilling the requirements of EU integration, including the adoption of sanctions and other foreign policy measures.

AUTHOR
Ahmed Hurem

Ahmed Hurem

Student

International Burch University...