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In the Matter of an Arbitration under the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia, Signed on 4 November 2009

Arbitration Tribunal.  30 June 2016 ; 29 June 2017 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Arbitration tribunal — Members of tribunal — Requirement of impartiality and independence — Whether ex parte communications between arbitrator and party agent violating arbitration agreement

Arbitration — Jurisdiction — Competence of arbitration tribunal to rule on objections to jurisdiction — Whether breach of arbitration agreement ground to terminate agreement — Definition of material breach — Vienna Convention on the Law of Treaties, 1969 — Whether attempt to terminate the treaty for material breach depriving arbitration tribunal of jurisdiction — Article 65 — Whether conduct in breach of arbitration agreement repudiating or frustrating object or purpose of arbitration agreement — Whether measures taken by arbitration tribunal ensuring procedural fairness

General principles of international law — Compétence de la compétence — Challenges to jurisdiction of arbitration tribunal — Whether tribunal having power to decide on challenges to its own jurisdiction — Jurisdiction of arbitration tribunal to rule on validity of termination of arbitration agreement

Sea — Law of the sea — Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958 — Status of bay as internal waters — Definition of “closing line” of a juridical bay — Article 7 — No requirement to publish chart indicating closing line or to give publicity to baselines

Sea — Law of the sea — United Nations Convention on the Law of the Sea, 1982 — Delimitation of territorial sea — Article 15 — Equidistance line subject to special circumstances — Whether difference in lengths of coastal fronts or whether coastal configuration exacerbating “boxed-in condition” special circumstance requiring adjustment of equidistance line

Sea — Maritime boundaries — Delimitation — Dispute settlement — Arbitration agreement — Use of word “junction” — Ordinary meaning of word — Regime to ensure unimpeded access between Slovenia’s territorial sea and the high seas or exclusive economic zones of other States in accordance with international law, equity and principle of good neighbourly relations — Freedom of movement within “junction area” not subject to requirements applicable to innocent passage or transit passage — No right of Slovenia to exploit living or non-living marine resources within junction area — Requirement that parties exercise rights and obligations within junction area in good faith and in accordance with duty of cooperation

State responsibility — Ex parte communication between arbitrator and party agent — Breach of arbitration agreement — Whether conduct of party agent attributable to State

State succession — Law of the sea — Whether internal waters of a single State retaining that status upon dissolution of that State

Territory — Determination of land boundary — Uti possidetis — Whether internal boundaries prior to independence constituting present-day land boundary between the parties — Presumption that aligned cadastral limits from pre-independence period constituting present-day land boundary — Whether other formal evidence of title establishing boundary if cadastral limits disputed or not aligned — Whether effectivités sufficient to override evidence of aligned cadastral limits or other formal evidence of title — Reliance on effectivités only in absence of other pre-independence evidence — Whether preferences of local population relevant to determination of land boundary

Territory — Internal waters — Delimitation of juridical bay — Application of uti possidetis principle — No formal division of bay prior to independence of the parties — Delimitation of bay subject to evidence of effectivités — Whether special regime for usage of bay required

Treaties — Vienna Convention on the Law of Treaties, 1969 — Notice of termination of a treaty — Articles 60 and 65 — Requirement of material breach — Whether breach constituting repudiation of a treaty or frustrating its object and purpose

Type
Case Report
Copyright
© Cambridge University Press 2019

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