Bosnia’s Constitutional Court ruled that waters, as public goods, are State property and any decisions concerning them are within the exclusive competencies of the state, BiH’s international administrator’s office told N1 commenting on the construction of the Buk Bijela Hydroelectric power plant (HPP) on the Drina River, a joint project between Bosnia’s Republika Srpska (RS) entity and Serbia.
The Office of the High Representative (OHR) is the seat of the foreign diplomat tasked with overseeing the civilian implementation of the 1995 Dayton Peace Agreement. The current High Representative in BiH is Austrian diplomat, Valentin Inzko.
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“The High Representative's well-known position is that foreign direct investments are extremely welcome because they directly support stronger economic growth in BiH and the prosperity of all citizens. However, in this, as in all other cases related to foreign investment, prudent and legally valid conduct would guarantee the investment on the basis of legal certainty and contractual predictability,” the OHR said.
“In this regard, the High Representative recalls that in its previous practice, the Constitutional Court of Bosnia and Herzegovina has found that waters, as a public good, are considered state property, which, as in the case of neighbouring and other states, includes ‘inland waters’, and that decisions regarding state property should be made at the level of the state of BiH, given that the state of BiH has the exclusive competence to decide on the status of state property,” it said.
The OHR noted that there is currently a request before the Constitutional Court to review the project of constructing three hydropower plants on the river Drina and that this “should be taken as a relevant factor in the continuation of the construction of hydropower plant Buk Bijela on the river Drina” until the court makes a decision.
“All acts and activities undertaken or planned must be in full compliance with the Constitution of Bosnia and Herzegovina, which states that decisions of the Constitutional Court of Bosnia and Herzegovina are final and binding and must be respected,” the OHR said.
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