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The Maritime boundary dispute between Slovenia and Croatia.

Authors :
Matjaž Gojkošek
Moon-Soo Jeong
Chin-Sung Chung
Source :
Journal of Marine & Island Cultures; 2019, Vol. 8 Issue 2, p11-24, 14p
Publication Year :
2019

Abstract

Following the dissolution of Yugoslavia in 1991, Slovenia and Croatia became independent nations. As the border between two nations had never been determined in details before 1991, several parts of the border, both on land and at sea, were disputed. After years of failed attempts to peacefully resolve the dispute and reach an agreeable solution on their own, the two Republics submitted their dispute to arbitration on November 4th, 2009. The first half of the paper presents past internal efforts to resolve the dispute with assertions from both sides. The latter part analyzes and interprets the final award issued by the Permanent Court of Arbitration (PCA), on June 29th, 2017. The PCA issued a ruling on the border: Ruling on the disputed areas of land border, drawing the border in the Gulf of Piran (or Savudrija/Piran), and made a determination of Slovenia's 'Junction to the High Sea.' The PCA's determination with respect to the land boundary was decided by the principle of uti possidetis, which doesn't address the irreconcilable confrontation of arguments from both sides. The determination on the boundary with respect to the Bay of Piran (or Savudrija/Piran) was determined on the basis of uti possidetis and effectivités, as well. The determination of Slovenia's 'Junction to the High Sea' was decided by applying international law, equity and the principle of good neighborly relations. The PCA's determinations on the maritime boundary and Slovenia's 'Junction to the High Sea' are welcomed by Slovenia but rejected by Croatia. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
22126821
Volume :
8
Issue :
2
Database :
Supplemental Index
Journal :
Journal of Marine & Island Cultures
Publication Type :
Academic Journal
Accession number :
146645348
Full Text :
https://doi.org/10.21463/jmic.2019.08.2.02