As to individual competences
The period after the war was marked by different stages of activity of the Office of the High Representative. The year 1995 was a year of stabilisation, reconstruction and humanitarian assistance.3668 When it proved that the delegated powers did not suffice, the pace was forced by delegating the Bonn Powers.3669 Since 2001, the High Representative put stress on strengthening the institutions, encouraging the development of the economy and accelerating the return of displaced persons and refugees. At stage 4, since 2002, he offered institutional assistance rather than issued orders.3670 It all affected the work of the Supervisor, although, generally speaking, the joint work of ethnic groups, parties, authorities, and the Supervisor in Brčko advanced at a faster pace than in the rest of the State, notably in the Entities. If one takes a look at certain provisions of the Final Award, one may observe right away the numerous powers provided for the Supervisor. His most important competences are as follows: drafting the plan for the transformation of the District (paragraph 8); development of the District (paragraph 9); monitoring coordination among the District Government, the Entities and the State (paragraph 10); influencing the completion of the work of the Arbitral Tribunal (paragraph 13); preventing the sale of property of refugees and displaced persons (paragraph 18); the multiethnic make-up of the District Government (paragraphs 30, 32, 33); preparation of democratic elections (paragraph 36); establishing a joint commission to implement the Final Award (paragraph 38); abolishing the inter-entity boundary in the District (paragraph 39); restricting police powers (paragraph 40); securing the demilitarised zone (paragraph 41); overcoming resistance to the new legal system (paragraph 47); encouraging ethnic groups to return (paragraph 48); setting the deadline by which the Entities’ powers within the District shall be considered delegated (paragraph 61); determining coercive measures and sanctions in case of failure to implement the Final Award (paragraph 66); reserve competences of the Arbitral Tribunal, including adoption of a new final award in the event that the powers of the Supervisor are not sufficient.
Footnotes
Solioz, 2005, p. 93.
Solioz, 2005, p. 93; Rehs, 2006, p. 98 et seq.
Solioz, 2005, p. 94.