Karl Erjavec emphasized that due consideration must be given to the interests of the population concerned in relation to the boundary.Photo: PCA Foto:
Karl Erjavec emphasized that due consideration must be given to the interests of the population concerned in relation to the boundary.Photo: PCA Foto:

Based on the Press Release issued by the Permanent Court of Arbitration in Haague, the Croatian side emphasized that, as required by the international law, as well as in the interest of fairness and good neighborly relations, at first the maritime and land boundary between the Republic of Croatia and the Republic of Slovenia should be determined. Only then could the Arbitral tribunal concentrate on the Slovenia's request for the access, i.e. junction to the high sea, and the regime for the use of the relevant maritime areas.

The Croatian side also explained that the land boundary between Slovenia and Croatia existed on June 25, 1991, and on that date it also became the international boundary between the two states. Regarding maritime determination of the boundary, Croatia considers relevant the United Nations Law of the Sea Convention. Based on that they are convinced that the boundary was defined from the mouth of the Dragonja River – where the land boundary was located – by application of an equidistance line through the middle of the Bay of Piran (which were, according to Croatia, territorial and not international waters) until the Osimo Treaty territorial sea boundary line with Italy.

The representatives of Croatia expressed their concern that the Slovenian »novel approach«, if endorsed by the Arbitral Tribunal, might influence the already well-established practice of maritime delimitation.

Junction to the High Sea as a symbol of freedom
The Slovenian representatives on the other hand emphasized the Slovenia's vital interest in its junction or access to the High Sea. Slovenia insisted on the uniqueness of the case, and Minister Karel Erjavec emphasized that due consideration must be given to the interests of the population concerned in relation to the boundary.

The Slovenian party also emphasized that the importance of several aspects should be considered, namely security, navigation, economic interests, Slovenia's historic rights, including fishing rights in these waters, and environmental protection. According to the advocates of Slovenian interest the junction to the High Sea is also "a symbol of freedom that Slovenia has sought for centuries, and a part of its identity as a European, maritime State".

Slovenia also claims that the boundary should be based on the legal title as on June 25, 1991, yet that the Tribunal must determine the land boundary in its entire length, defined by three sectors: the Mura river sector, the Central sector, and the Istria sector. In the first two sectors the course of the land boundary is based on existing historic legal titles, while in the Istra sector the boundary follows the cadaster, because no historical root of title exists.

The whole bay, land and fishing rights
Slovenia also argued that the Sečovlje salt-pans were part of Slovenia in their entirety, while the additional Croatian requests regarding Trdinov vrh and Sveti Martin na Muri are not in Croatian jurisdiction. The representatives of our country are convinced that the Bay of Piran in its entirety is the internal waters of Slovenia. They argued that during the former Yugoslavia and throughout the history it belonged under Slovenian jurisdiction, and dependent on Piran, and its status didn't change with the dissolution of the former Yugoslavia.