Border Dispute in the Adriatic Sea between Croatia and Slovenia

• Author: Sandra Fabijanic Gagro
• Position: Assistant Professor, Department of International Law, Faculty of Law University of Rijeka
• Pages: 5-17

JURIDICA

5

European and International Law

Border Dispute in the Adriatic Sea between

Croatia and Slovenia

Sandra Fabijanić GAGRO

1

Abstract: This Article represents an overview of long-r unning border dispute between two

neighbouring states – Republic of Croatia and Republic of Slovenia in the maritime area of the

Northern Adr iatic. Despite more tha n two decades of unsuccessful efforts, including several

documents controversial on one or both sides, there are still some disputable points waiting for the

final settlement. It is expected to be reached by the Arbitration Tribunal established by the Arbitration

Agreement between Croatia and Slovenia, signed in 2009. Without any do ubt, this Agreement

represents a step forward in their mutual efforts t oward peaceful solution, but also contains few open

questions to be resolved by the Arb itration Tribunal. In this Article the author presents brief overview

of long-time efforts that led to the conclusion of the Arbitrat ion Agreement, as well as the main

components that has to be considered – strong political demands in relation to preserve territorial

integrities of both stat es and – at the end – to accomplish a peaceful solution in accordance to the

rules of international law.

Keywords: international law of the sea; border dispute; Arbitration Agreement; Arbitration Tribunal

1. Introduction

The current borders between Croatia and Slovenia were set in 1992 by so-called

Badinter Commission. It was established as part of the European Commission’ s

contributions to resolving Yugoslav crises in early 1990s, in the time when the

country was breaking apart. In its Opinion No. 3 Commission stated that internal

boundaries [between adjacent former republics of Yugoslavia, now all independent

states] may not be altered except by agreement freely arrived at. Except where

otherwise is agreed, the former boundaries become frontiers protected by

1

Assistant Professor, Department of International Law, Faculty of Law University of Rijeka, Hahlić

6, 51000 Rijeka, Croatia.Tel.: +3 85.51.359.521, fax +3 85.51.359.593. Corresponding author:

sandra.fabijanic.gagro@pravri.hr.

AUDJ, vol. 9, no. 3/2013, pp. 5-17