Responsibilities as are agreed by the Entities
To date, Entities have reached two agreements pursuant to Article III.5(a) of the Constitution. These agreements respectively cover matters in the field of indirect taxation2639 and defence.2640 Many questions have been raised in relation to such agreements: What form of agreement is required by Article III.5(a)? Does Bosnia and Herzegovina need to be party to such agreements? Can Entities regulate the manner in which they consent to such agreements? Can an Entity unilaterally withdraw from an agreement? A number of answers have started to emerge from the case law of the Court.
Footnotes
Agreement unpublished. See Decision to Consent to the Agreement on Responsibilities in the Indirect Taxation Area (OG of FBiH, No. 64/03); See also Republika Srpska National Assembly, Conclusions No. 01-1005/03 (OG of RS, No. 95/03).
See Agreement between the Federation of Bosnia and Herzegovina and Republika Srpska on the Transfer of Responsibilities in the Field of Defense (OG of RS, No. 04/06); see also Decision Approving the Transfer of Responsibilities in the Field of Defense from the Federation of Bosnia and Herzegovina to Bosnia and Herzegovina (OG of FBiH, No. 2/06).