Proceedings of arbitral tribunal set up to solve border dispute between Croatia and Slovenia

Author (Corporate)
Publication Date 2012-2018
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Summary:

Reports and information relating to the proceedings of the arbitral tribunal set up by Croatia and Slovenia to solve a longstanding dispute relating to border delimitation between the two countries.

Further information:

In November 2009, Croatia and Slovenia concluded an arbitration agreement, through which the two countries undertook to submit an outstanding dispute over delimitation of their common borders to an arbitral tribunal, whose award would be binding on them. At the heart of the dispute was the northern Piran Bay as well as the land border around it.

The arbitral tribunal was established in 2012. The written proceedings were launched in February 2013 and the hearing was held in June 2014. However, during the arbitration proceedings, due to an ex-parte communication between the arbitrator appointed by Slovenia and that State’s agent, Croatia took the view that the tribunal's ability to make an award independently and impartially had been compromised. In July 2015, Croatia informed Slovenia that the latter was considered guilty of material breaches of the arbitration agreement and thus decided to terminate that same agreement.

After its composition was changed, the arbitral tribunal decided nonetheless on the continuation of the proceedings and made an arbitration award in June 2017, by which it defined the land and maritime borders of the two countries. Last minute bilateral negotiations in late 2017 failed to produce a positive outcome.

Since Croatia contested the validity of the arbitration award and refused to be bound by it, Slovenia brough infringement proceedings under Article 259 TFEU. Slovenia first referred the matter to the European Commission and then, when the Commission did not issue a reasoned opinion, brought an action before the Court of Justice of the European Union in July 2018.

Related Links
Official
Permanent Court of Arbitration: Arbitration Between the Republic of Croatia and the Republic of Slovenia https://pca-cpa.org/en/cases/3/
European Commission: Memo, 11/01/2012: Border Arbitration Agreement between Slovenia and Croatia https://ec.europa.eu/commission/presscorner/detail/en/MEMO_12_8
European Commission: Press Release, 17/01/2012: Launch of the arbitration process between Slovenia and Croatia https://ec.europa.eu/commission/presscorner/detail/en/IP_12_25
European Commission: Statement by First Vice-President Timmermans on the final award made on 29 June by the Arbitration Tribunal of the Permanent Court of Arbitration in the arbitration between Croatia and Slovenia (4 July 2017) https://ec.europa.eu/commission/presscorner/detail/en/STATEMENT_17_1911

News
Balkan Insight, 02/06/2014: Croatia, Slovenia Begin Border Line Hearings https://balkaninsight.com/2014/06/02/croatia-slovenia-begin-border-line-hearings/
Deutsche Welle, 27/07/2015: Croatia to pull out of border dispute arbitration with Slovenia https://p.dw.com/p/1G5OX
Total Croatia News, 07/03/2017: European Commission explains position on Croatian-Slovenian border dispute https://www.total-croatia-news.com/politics/17270-european-commission-explains-position-on-croatian-slovenian-border-dispute
Total Croatia News, 29/06/2017: Arbitration: Slovenia Gets Three-Quarters of Piran Bay https://www.total-croatia-news.com/politics/20056-arbitration-slovenia-gets-three-quarters-of-piran-bay
Politico, 29/06/2017: Slovenian PM: EU enlargement at risk if Croatia border ruling ignored https://www.politico.eu/article/slovenian-pm-eu-enlargement-at-risk-if-croatia-border-ruling-ignored/
BBC News, 29/06/2017: Slovenia wins battle with Croatia over high seas access https://www.bbc.co.uk/news/world-europe-40449776
Balkan Insight, 29/06/2017: Croatia Set to Ignore Ruling on Piran Gulf https://balkaninsight.com/2017/06/29/stalemate-in-croatia-slovenia-sea-dispute-amid-court-decision-06-28-2017/
EUObserver, 30/06/2017: Croatia ignores ruling on Slovenia border dispute https://euobserver.com/justice/138398
Deutsche Welle, 30/06/2017: Slovenia wins maritime border dispute, Croatia defiant https://p.dw.com/p/2ffPA
EurActiv, 03/07/2017: Croatia and Slovenia continue maritime dispute after arbitration ruling https://www.euractiv.com/section/enlargement/news/croatia-and-slovenia-continue-maritime-dispute-after-arbitration-ruling/
EurActiv, 05/07/2017: EU urges Croatia to ‘implement’ Piran Bay ruling https://www.euractiv.com/section/justice-home-affairs/news/eu-urges-croatia-to-implement-piran-bay-ruling/
EurActiv, 05/07/2017: Croatia tells Commission to stay away from border dispute with Slovenia https://www.euractiv.com/section/justice-home-affairs/news/croatia-tells-commission-to-stay-away-from-border-dispute-with-slovenia/
EurActiv, 20/12/2017: Slovenia, Croatia border dispute smoulders on as deadline looms https://www.euractiv.com/section/justice-home-affairs/news/slovenia-croatia-border-dispute-smoulders-on-as-deadline-looms/
B92, 27/12/2017: Slovenia to implement arbitration ruling ignored by Croatia https://www.b92.net/eng/news/region.php?yyyy=2017&mm=12&dd=27&nav_id=103139
B92, 29/12/2017: Croatia sends diplomatic note to Slovenia in border dispute https://www.b92.net/eng/news/region.php?yyyy=2017&mm=12&dd=29&nav_id=103155
EUObserver, 29/12/2017: Balkan EU neighbours clash on border deadline https://euobserver.com/justice/140432
EUObserver, 09/01/2018: Juncker: Slovenia-Croatia dispute jeopardises Balkan enlargement https://euobserver.com/justice/140471

Commentary and Analysis
Euro|topics, July 2017: The end of the Croatia-Slovenia border dispute? https://www.eurotopics.net/en/181741/
Euro|topics, September 2017: Slovenia-Croatia border row enters next round https://www.eurotopics.net/en/185843/
Euro|topics, November 2017: Who can solve the Croatia-Slovenia border row? https://www.eurotopics.net/en/190140/
Euro|topics, January 2018: Next conflict over the new maritime border https://www.eurotopics.net/en/191965/

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