Slovenia: Experts critical of arbitrage deal

Most of Slovenia's most eminent jurists are speaking against the border arbitrage agreement between Slovenia and Croatia, our reporter says.

Izvor: B92

Wednesday, 09.12.2009.

12:52

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Most of Slovenia's most eminent jurists are speaking against the border arbitrage agreement between Slovenia and Croatia, our reporter says. The deal is supposed to solve the border issues between the two countries and allow for Croatia's further EU integration. Slovenia: Experts critical of arbitrage deal After an awards ceremony for Slovenia's most influential jurists, a round table was held in Ljubljana, with the main topic of discussion being the arbitrage agreement. The deal should represent the first step in solving the long-term border, which recently led to Slovenia’s blocking of Croatia's negotiations with the EU. Professor at the Faculty of Law in Ljubljana Miro Cerar thinks that such an arbitrage agreement represents a much greater risk for Slovenia, and that this country agreed to a minimal starting point, forgetting about the wider context and the fact that it needs to be decisive and achieve its legitimate and legal interests. The first speaker of the Slovenian parliament and lawyer France Bucar objected to the manner in which the arbitrage agreement with Croatia was adopted, because “the silent diplomacy does not relieve anyone from the obligation to be responsible toward those on behalf of whome they are negotiating,” adding that the “Slovenian policy has put the country in a very unpleasant and uncomfortable position with the signing of the agreement.” Bucar is also opposing the upcoming legislative referendum which will be held in Slovenia on the arbitrage agreement issue, because, according to him, the "politics" should take responsibility, not the citizens. Most other jurists who participated agreed with these points, and said that it was irresponsible of the Slovenian government to call a referendum about such a demanding and complicated subject, and shift its own responsibility to the citizens, "which represents a political maneuver and unnecessary financial expense". Slovenian expert in maritime law Marko Pavliha added that Slovenia “from the historical point of view was losing its territory and sea”, because the agreement was "bad", while the principle of just resolution of border issues, which Slovenia wanted to introduce, "had not been explicitly mentioned".

Slovenia: Experts critical of arbitrage deal

After an awards ceremony for Slovenia's most influential jurists, a round table was held in Ljubljana, with the main topic of discussion being the arbitrage agreement.

The deal should represent the first step in solving the long-term border, which recently led to Slovenia’s blocking of Croatia's negotiations with the EU.

Professor at the Faculty of Law in Ljubljana Miro Cerar thinks that such an arbitrage agreement represents a much greater risk for Slovenia, and that this country agreed to a minimal starting point, forgetting about the wider context and the fact that it needs to be decisive and achieve its legitimate and legal interests.

The first speaker of the Slovenian parliament and lawyer France Bučar objected to the manner in which the arbitrage agreement with Croatia was adopted, because “the silent diplomacy does not relieve anyone from the obligation to be responsible toward those on behalf of whome they are negotiating,” adding that the “Slovenian policy has put the country in a very unpleasant and uncomfortable position with the signing of the agreement.”

Bučar is also opposing the upcoming legislative referendum which will be held in Slovenia on the arbitrage agreement issue, because, according to him, the "politics" should take responsibility, not the citizens.

Most other jurists who participated agreed with these points, and said that it was irresponsible of the Slovenian government to call a referendum about such a demanding and complicated subject, and shift its own responsibility to the citizens, "which represents a political maneuver and unnecessary financial expense".

Slovenian expert in maritime law Marko Pavliha added that Slovenia “from the historical point of view was losing its territory and sea”, because the agreement was "bad", while the principle of just resolution of border issues, which Slovenia wanted to introduce, "had not been explicitly mentioned".

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