In a long-running dispute, the Permanent Court of Arbitration (“PCA“) Tribunal has issued its Final Award. The Final Award, which runs to nearly 400 pages, determines disputed territorial and maritime boundaries between the Republic of Slovenia and the Republic of Croatia. The Final Award also creates a “junction” in the Adriatic Sea for Slovenia’s uninterrupted access to and from international waters and a regime for use of that junction. The parties are bound to comply with the Final Award within six months of its issue.
Having purported to withdraw from the arbitration in 2015, Croatia has stated that it does not consider itself bound by the Final Award. Slovenia, on the other hand, has indicated that it considers continued incursions into its territorial sea as delimited by the Tribunal to be a breach of both international and EU law (as Slovenia became part of the Schengen area on its accession to the EU).
The parties are reported to be engaging in dialogue regarding the implementation of the Final Award, with speculation as to if and how the EU Commission will bring pressure to bear on Croatia. Continue reading
On 12 July 2016, the final Award in the arbitration between the Republic of the Philippines and The Peoples' Republic of China was issued by the Tribunal constituted under the United Nations Convention on the Law of the Sea ("UNCLOS"). Much international media attention has been focused on the arbitration, which concerned a number of issues in relation to the rights and maritime entitlements in the South China Sea, in respect of an area known as the "nine-dash line". The Award has been hailed as "historic" in terms of the interpretation and application of UNCLOS.
In the Award, the Tribunal emphasised that in light of limitations on compulsory dispute settlement under UNCLOS, it would not rule on any question of sovereignty over territory and would not delimit any boundary between the Parties. The Tribunal found in favour of the Philippines on the main points in issue. In the Award, amongst other things, the Tribunal made a number of important statements on the interaction between UNCLOS and claimed historic rights, the nature and features of "low tide elevations", "rocks" and "islands", and the obligations of States in relation to the protection of the marine environment.
A summary of the 500-page Award and the key findings of the Tribunal are set out below.