The Croatia V. Slovenia Arbitration: The Silver Lining

16.2 The Law & Practice of International Courts and Tribunals (2017)

19 Pages Posted: 22 Sep 2017 Last revised: 6 Apr 2020

See all articles by Tamar Meshel

Tamar Meshel

University of Alberta Faculty of Law

Date Written: July 8, 2017

Abstract

Much controversy has surrounded the recent arbitration between Croatia and Slovenia. Nonetheless, the proceedings represent a welcome step in the right direction in terms of the perception and use of arbitration as a quasi-diplomatic interstate dispute resolution mechanism. Such an approach to arbitration is evident both in the parties’ arbitration agreement and in the arbitral tribunal’s final award in this case. The article first explains the proper use of interstate arbitration in its original form as a quasi-diplomatic process. This process produces a final and binding decision that respects international law yet does not necessarily rely solely on it. The article then examines how this original quasi-diplomatic nature of interstate arbitration is reflected in certain aspects of the Croatia v. Slovenia case.

Keywords: interstate arbitration, Croatia v. Slovenia arbitration, United Nations Convention on the Law of the Sea, international law

Suggested Citation

Meshel, Tamar, The Croatia V. Slovenia Arbitration: The Silver Lining (July 8, 2017). 16.2 The Law & Practice of International Courts and Tribunals (2017), Available at SSRN: https://ssrn.com/abstract=3040269

Tamar Meshel (Contact Author)

University of Alberta Faculty of Law ( email )

Law Centre (111 - 89 Ave)
University of Alberta
Edmonton, Alberta T6G 2H5
Canada

HOME PAGE: http://www.ualberta.ca/law/faculty-and-research/profiles/tamar-meshel

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
229
Abstract Views
806
rank
149,165
PlumX Metrics