Original scientific paper

ARBITRATION AGREEMENT BETWEEN CROATIA AND SLOVENIA

Davorin ml. Rudolf ; Pravni fakultet Sveučilišta u Splitu
Irena Kardum ; Pravni fakultet Sveučilišta u Splitu

Abstract

In the light of the Croatian interests, there are two components to be considered
in the Arbitration Agreement between Croatia and Slovenia. The first one is
definitely to meet the political demands of the Republic of Croatia, and, might thus
be thought as highly acceptable: the Republic of Slovenia is to cease obstruction
of Croatian efforts to join the EU in the long-term process of related negotiations.
The second component of the agreement, however, might be considered as
extremely unfavourable to the interests of Croatia. In terms of the preservation of
Croatian territorial integrity, this component implies, in the authors’ view, a risk
of losing a portion of the Croatian territory. Therefore, one of the major tasks of
the Arbitral Tribunal is to determine Slovenia’s junction to the High Seas. The territorial
junction to the High Seas, however, may only be realized upon agreement
between Croatia and Slovenia, which, in return, implies the irretrievable loss of
one portion of the Croatian territory.
There is yet another unfavourable, though significant, implication in the
agreement, that is directly related to the very act of establishing a list of the members
of the Arbitral Tribunal. In other words, the impartiality of the list creators
is disputable due to the following factors: the principle of solidarity, that is regularly
invoked by the EU members, and the strong presence of Slovenia in the EU
institutions. It was for the very first time in history, that is, that the EU institutions
were actively involved in the bilateral border dispute, searching for a favourable
political solution, and, at the same time, skirting around the regulations of international
law. The aforementioned activities were initially requested by the Republic
of Slovenia.
In the authors’ opinion, the Croatian political interests, which also includes
the primary strategic interest to become an EU member, may be realized only
in the absence of risks which would be taken in terms of the preservation of the
Croatian territory.

Keywords

arbitration agreement; list of members of the Arbitral Tribunal; high seas; Republic of Slovenia; Republic of Croatia

Hrčak ID:

63254

URI

https://hrcak.srce.hr/63254

Publication date:

14.12.2010.

Article data in other languages: croatian

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