225
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_13
The Law of Maritime Delimitation
in the Croatia/Slovenia Final Award
Andrea Insolia
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 determinations 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 considered 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 obstacle to its implementation, it should nonetheless form the basis for any future negotiated solution between the two States.
1 Introduction
On 16 March 2018, Slovenia filed a complaint against Croatia with the European
Commission, thus initiating an infringement procedure under Art. 259 of the Treaty
on the Functioning of the European Union (TFEU)— mainly on the ground of
Croatia’s alleged breach of various provisions of the EU Common Fisheries Policy.
1
1 Regulation (EU) No. 1380/2013 of the European Parliament and of the Council of 11 December
2013 on the Common Fisheries Policy. On the EU fisheries regime, see Virzo (2013). No official
documentation concerning the pre-litigation phase (i.e., Slovenia’s complaint to the Commission,
Croatia’s reply observations of 17 April 2018, and the report of the oral hearing of 2 May 2018
before the Commission) has been released to the public. A number of comments and reports in the
media, however, make it possible to identify with sufficient precision the underlying factual cirA. Insolia (*)
University of Florence, Department of Legal Sciences, Florence, Italy
e-mail: andrea.insolia@unifi.it
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_13
The Law of Maritime Delimitation
in the Croatia/Slovenia Final Award
Andrea Insolia
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 determinations 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 considered 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 obstacle to its implementation, it should nonetheless form the basis for any future negotiated solution between the two States.
1 Introduction
On 16 March 2018, Slovenia filed a complaint against Croatia with the European
Commission, thus initiating an infringement procedure under Art. 259 of the Treaty
on the Functioning of the European Union (TFEU)— mainly on the ground of
Croatia’s alleged breach of various provisions of the EU Common Fisheries Policy.
1
1 Regulation (EU) No. 1380/2013 of the European Parliament and of the Council of 11 December
2013 on the Common Fisheries Policy. On the EU fisheries regime, see Virzo (2013). No official
documentation concerning the pre-litigation phase (i.e., Slovenia’s complaint to the Commission,
Croatia’s reply observations of 17 April 2018, and the report of the oral hearing of 2 May 2018
before the Commission) has been released to the public. A number of comments and reports in the
media, however, make it possible to identify with sufficient precision the underlying factual cirA. Insolia (*)
University of Florence, Department of Legal Sciences, Florence, Italy
e-mail: andrea.insolia@unifi.it