This chapter focuses on the maritime aspects of the Croatia/Slovenia Final Award of 29 June 2017, in particular the maritime boundary delimitation issues submitted to the Arbitral Tribunal. First, it discusses the Tribunal’s determi- nations in respect of the status and delimitation of the waters within the Bay of Piran, and the regime for the use of the Bay. Then, it examines the method consid- ered appropriate by the Tribunal for delimiting the territorial sea between Croatia and Slovenia in the Gulf of Trieste, as well as its application in the case at hand. Finally, it reconstructs the regime of the “Junction Area”, through which the Tribunal intended to guarantee both Slovenia’s claim to a “junction” to the high seas and Croatia’s interests in preserving its territorial integrity. The chapter argues that, while the Final Award presents some critical aspects that might in fact be an obsta- cle to its implementation, it should nonetheless form the basis for any future negoti- ated solution between the two States.
The Law of Maritime Delimitation in the Croatia/Slovenia Final Award
Andrea Insolia
2019-01-01
Abstract
This chapter focuses on the maritime aspects of the Croatia/Slovenia Final Award of 29 June 2017, in particular the maritime boundary delimitation issues submitted to the Arbitral Tribunal. First, it discusses the Tribunal’s determi- nations in respect of the status and delimitation of the waters within the Bay of Piran, and the regime for the use of the Bay. Then, it examines the method consid- ered appropriate by the Tribunal for delimiting the territorial sea between Croatia and Slovenia in the Gulf of Trieste, as well as its application in the case at hand. Finally, it reconstructs the regime of the “Junction Area”, through which the Tribunal intended to guarantee both Slovenia’s claim to a “junction” to the high seas and Croatia’s interests in preserving its territorial integrity. The chapter argues that, while the Final Award presents some critical aspects that might in fact be an obsta- cle to its implementation, it should nonetheless form the basis for any future negoti- ated solution between the two States.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.