Croatia v. Slovenia (Final Award of the Arbitral Tribunal, 29 June 2017)

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ID: 318696
2026
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Abstract
Abstract This chapter examines the 2017 Final Award in Croatia/Slovenia, an ad hoc arbitration addressing land and maritime boundary disputes arising from the dissolution of the former Yugoslavia. Unusually, the tribunal was required to delimit internal waters within a juridical bay, a territorial sea boundary, and to determine ‘Slovenia’s junction to the High Sea’ together with a bespoke usage regime. It confirmed that the Bay of Piran/Savudrija constituted internal waters inherited through succession, and applied the principle of uti possidetis—supplemented by qualifying effectivités—to delimit the bay, rejecting the application of UNCLOS maritime delimitation rules. For the territorial sea, the tribunal adopted an equidistance/special circumstances approach under Article 15 of UNCLOS, but adjusted the equidistance line to mitigate a pronounced ‘boxing-in’ effect on Slovenia’s coast. Beyond delimitation, the tribunal crafted a novel 2.5-nautical-mile corridor through Croatian territorial waters to secure Slovenia’s physical junction with the high seas, accompanied by a special legal regime guaranteeing freedoms of communication. The Award is notable for its hybrid applicable law, innovative remedies, and continuing controversy regarding enforceability.
Reference Key
openalex_W7165954062 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Stephen Fietta, Robin Cleverly
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780192883414.003.0028
URL
https://doi.org/10.1093/law/9780192883414.003.0028
Keywords Keywords not found

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