Izvorni znanstveni članak
Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia
Vladimir Ibler
; Hrvatska akademija znanosti i umjetnosti, Zagreb, Hrvatska
Sažetak
Two neighbouring states, Croatia and Slovenia, have decided to resolve their territorial dispute by using diplomatic means for peaceful settlement of intergovernmental disputes. After many years of unsuccessful endeavours, both states concluded and agreed that they did not manage to resolve the dispute by diplomatic means; hence, these efforts were terminated. Subsequently, the two states in the dispute concluded an agreement, by which they established an ad hoc arbitral tribunal. They entrusted this tribunal with resolving their dispute. This essay critically indicates to the fact that the agreement has not clearly and impartially enough defined the positions of both parties as being entirely equal. Nevertheless, the agreement does not prevent the arbitral tribunal from issuing its award in conformity with the positive international law, should the arbitral tribunal not take into consideration the fact that one part of the agreement (article 3.1b and c) is to such an extent unclear, unintelligible and senseless that it is essential to consider it nonexistent.
Ključne riječi
arbitration agreement; Croatia; Slovenia; territorial border; maritime border
Hrčak ID:
83129
URI
Datum izdavanja:
25.5.2012.
Posjeta: 5.307 *