Liviu DUMITRU*

Ministry of Foreign Affairs of Romania

Abstract: The Award in the Arbitration between the Republic of Croatia and the Republic of Slovenia case has been delivered after procedural complications caused by the revelation of improper communications between the Slovenian Arbitrator and the Slovenian Agent in the case. The Award dealt with both the land and the maritime parts of the border. The land border was decided on the basis of the uti possidetis principle, and by reference to the cadastral limits between the former Yugoslav republics, or, when they were not aligned, on the basis of effectivités. In the Bay of Piran, the Tribunal determined the boundary on the basis of the same principles as in the case of the land border, allocating most of the area of the Bay to Slovenia, due to stronger effectivités. The maritime boundary between the territorial seas was based upon the equidistant line, adjusted to take into account the costal configuration, (which made the equidistance line to produce a cut-off effect for Slovenia). In the most innovative part of the Award, the Tribunal established a ”junction area” linking the Slovenian maritime spaces with the areas beyond the Croatian territorial sea, and spelled out a specific legal regime of this area.

Key-words: internal bay, effectivités, maritime boundary, junction area

* Liviu Dumitru has graduated from the Faculty of Law of the University of Bucharest. He is currently Director of the International Law and European Union Law Directorate within the Ministry of Foreign Affairs of Romania. The opinions expressed in this paper are solely the author’s and do not engage the institution he belongs to.