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Arbitration Agreement Between Slovenia and Croatia Ratified

20 April 2010

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“The arbitration agreement is the best tool Slovenia has so far had to resolve the border issue and bring its national interests to fruition,” said PM Borut Pahor.

 

“For the first time in 18 years we are in a position – after the Croatian Parliament did the same – to ratify an agreement that stipulates how the border dispute should be resolved and thus put to bed one of the most pressing political issues that has bedevilled bilateral relations between both countries and affected their weight, role and reputation within the international community,” the PM added.

 

In his speech to the National Assembly, Minister Žbogar stressed that the agreement will benefit Slovenia since it stipulates, by making the necessary provisions, that a court of arbitration determine the junction of Slovenia with the high seas while, in addition to international law, considering the principle of equity and good neighbourly relations with a view to creating a fair and just border while also considering all relevant circumstances and Slovenia’s vital interests.

 

The Minister also noted that Slovenia has a lot of work to do in the future since, in addition to legal argumentation, in the arbitration proceedings the Slovenian side plans to present all documentation, the exercise of powers in practice and all historical, economic and other circumstances that it deems essential for Slovenia.

 

By signing the arbitration agreement on 4 November 2009 in Stockholm, Slovenia and Croatia agreed to establish a five-member arbitration court that would make a final decision on the border which would be binding on both countries.

 

Before its ratification by Parliament, the Slovenian Government referred the agreement for review to the Constitutional Court which found the agreement is not inconsistent with the Slovenian Constitution and the Basic Constitutional Charter as it does not in fact stipulate a border between the two countries but only establishes a mechanism, i.e. the arbitration court, to find a peaceful solution to the border dispute.

 

Whether or not the agreement enters into force is expected to be decided on by voters at a legislative referendum provisionally scheduled for early June.

 

 

Source: www.vlada.si


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