The Boundary Dispute between Croatia and Slovenia

Sa？etak The territorial dispute between the two States emerged on 7 April 1993, when Slovenian Parliament adopted the ‘’Memorandum on the Bay of Piran’’. By this act, Slovenia claimed the right to all the waters of this small Bay as its internal waters, as well as its exit to the ‘’high seas’’ at the expense of the parts of Croatian territorial sea. Later on, by enacting a Law in 2005, it alleged to possess the continental shelf, and proclaimed over it a protected ecological zone with fishing rights. Croatia repudiated all these claims as being opposite to the provisions of the 1982 UN Convention on the Law of the Sea, to which both States are parties. All these rules belong to the general customary international law too. Besides that, these claims and allegations go against the principle that ‘’the Land dominates the Sea’’ as formulated and applied in the case law of international courts and tribunals on this subject matter. Slovenia abused its position as member of the European Union before Croatia by blocking the procedure of its entry into the EU membership. As condition for changing its negative attitude, it imposed Croatia’s acceptance of all its territorial requirements. Further on, it qualified these claims as being in its ‘’vital interests’’. The solution to this controversy was found in the Arbitration Agreement between the two Governments. It was signed on 4 November 2009 in Stockholm thanks to the facilities offered by the European Commission. The Agreement entered into force on 29 November 2010, and subsequently Slovenia lifted its reservations. During the arbitration procedure that followed, it was revealed that the Agent of Slovenia had unlawful contacts with other members of the Tribunal and its staff through Slovenian member of the Tribunal. However, with the exception of the Slovenian Arbitrator, who soon after this incident resigned, Croatia did not offer any proof of other members of the Tribunal having been compromised by the affair. Nevertheless, this event was the motive for Croatia to abandon the procedure. Since then, it has been considering that all decisions of the Tribunal, as well as its very existence, are nonexistent for it. After its formal excuse, Slovenia insisted on the continuation of the procedure. By its Partial Award of 30 June 2016, the Tribunal found that Slovenia violated the provisions of the Arbitration Agreement, but that the Agreement remained in force and the arbitral procedure should continue. The Tribunal rendered its Final Award on 29 June 2017 in the absence of Croatia. Hence, a new dispute aroused on