Re.: Arbitration Agreement between the Govrnment of the Republic of Slovenia and the Govrnment of the Republic of Croatia, Stockholm, 04. 11. 2009
For those who are concerned
Open letter to the government and the Ministry of Foreign Affairs
Dear Sirs!
Media report that the Ministry of Foreign Affairs is to propose a modification of the Border
Arbitration Agreement in that the planned oral hearing should be public.
Regarding the arbitration I wish to call your attention to article 5 of the agreement:
Article 5: Critical date
No document or action undertaken unilaterally by either side after 25 June 1991 shall be accorded legal significance for the tasks of the Arbitral Tribunal or commit either side of the dispute and cannot, in any way, prejudge the award.
The article quoted clearly states that the Republic of Croatia is not a party in the dispute over
the border of the Republic of Slovenia, for the Yugoslav Socialist Republic of Croatia unilaterally declared independence on October 10th 1991, *after* the critical date as defined in article 5 of the Arbitration Agreement (“Sabor republike Hrvatske dne 8. listopada 1991:
1. Republika Hrvatska od dana 8. listopada 1991. godine raskida državno-pravne sveze na temelju kojih je zajedno sa ostalim republikama i pokrajinama tvorila dosadašnju SFRJ.”). At the time of the Yugoslav Army’s assault on the independed Republic of Slovenia, the Yugoslav republic Croatia was an integral part of the SFRY (and as such the agressor!!!). The Republic of Slovenia did not secede from the Yugoslav Socialist Republic of croatiaFRY. Rather it exited (or dissolved) from the SFRY – which caused the latter to launch the military assault.
There is no doubt that the neighbouring country of Croatia is not a party in the dispute over the border of the Republic of Slovenia. This is clearly defined in the Arbitration Agreement, signed, ratified and registered with the UN. The parties in the dispute are therefore only the Republic of Slovenia and SFRY or its successors.
Andrej Lenarčič
Member of the Slovenian National Assembly1992-96
(published: 31. 01. 2014, Delo, Ljubljana)