CORRIDOR TO NATO
by Milan V.
Obzor, Zagreb,Croatia, 10/14/96
Currently, as things stand with Slovenia, an attempt will be made to agree upon a concession which proposes that Slovenia receive a corridor to the Adriatic and not legal authority over the sea-belt.As November and the proclaimed parliamentary elections on the "sunny side of the Alps" draws closer so too do political temperatures continue to rise. Even though there are 20 days left to go, there is an ever-increasing reference to foreign policy within Slovene rhetoric.
As in all official pre-election political appearances, the opposition parties are taking advantage of foreign policy issues. Well that's how Slovene analysts have interpreted statements by the Slovene Foreign Minister, Dr Davorian Kracun, who coincidentally has had the shortest term in the 5-year-history of the Slovene Republic. Dr Kracun replaced Zoran Thaler at the end of July this year and only a few days into his term he granted Vjesnik and Slobodna Dalmacija an interview where he reiterated Slovenia's foreign policy priorities as a member of Nato and stressed on resolving all outstanding questions regarding Croatia. Recently, however, his position has become "harder".
At a recent press conference in Ljubljana, Dr Kracun spoke of the results of his discussions in New York and Washington. HINA reported: "..members of NATO thank the acceptance of Slovenia's membership to NATO which will strengthen the organisation and widen the security net of Europe. The southern wing of NATO would especially be strengthened by the tri-lateral army co-operation between Italy, Slovenia and Hungary..."
Journalists then asked if the unresolved issues between Croatia and Slovenia would hamper things. Dr Kracun replied that his discussions with American officials in Washington indicated that the United States didn't see it as a security risk which would prevent it from entering NATO.
In relation to the resolution of bilateral relations with Zagreb, Dr Kracun stated that his discussions with Foreign Minister, Dr Mate Granic in New York showed signs that an agreement between the two countries on the issues of property rights and the signing of a sea-belt agreement could shortly be realised.
INSTEAD OF PROGRESS - THE DEPARTURE OF THALER
In response to questions put forward by Slovenian journalists relating to the border problems in the Piran Bay, the Chief of Slovenian Diplomacy stated that sea borders must be determined and that an agreement be reached after Croatia accepts the findings of a memorandum which was handed down in Slovenian Parliament in 1993. Davoran Kracun explained how this relates to the fact that Slovenia controls the Suran Bay and has direct access to the Adriatic. He added that they should determine who controlled this area on the 25 June 1991 and fix the boundaries.This is the position of the Slovenian Foreign Minister which once again highlights the unresolved Slovene - Croat relations. This comes following the July Ljubljana meeting between Croatian Foreign Minister, Dr Mate Granic and the now-sacked Slovenian Foreign Minister, Zoran Thaler, which was, at the time, heralded as a significant advance in resolving outstanding issues between the two countries (Ljubljana Bank, Property Right questions, Krsko Nuclear Power Plant, determination of borders). Now, however, the Slovenian side is once again insisting that the determination of the sea-borders in the Piran Bay be settled prior to the resolution of all other outstanding questions.
WHAT DO THE SLOVENES WANT?
Slovenes proposal for the settling of borders in the Piran Bay is a little over a year old. The basic position of our western neighbour is complete Slovene authority over the Piran bay which would in effect mean that, according to the previous line of separation by police on its side, Croatia would receive 278m of sea-belt. Slovenia would, by achieving such complete authority over the Piran Bay, be able to draw a geographic line to its west following the path of Croatian territorial sea borders that exist today. That line would extend to the point where the open sea commence, that is, the international water in the Adriatic. In this way, Slovenia would receive that which it has been longing for - confirmation. Confirmation, even by its narrow sea corridor, of its national and territorial sovereignty at sea. That is the main reason behind the Slovenes urgency in resolving the Piran Bay question. Although neighbouring states should conclude or commence to conclude their lengthy boundary dispute by compromise, the Slovenian proposal is anything but a compromise for Croatians. How to finally resolve the issue between the neighbouring countries, when it is easier to resolve co-operation between far away China than with their neighbour whose capitol city is less than a two-hour drive away. Will both sides continue to pursue their tactic of a resolute and uncompromising front on each occasion? It is difficult to expect that the Croatian side will be able to accept the Slovene proposal when it would in effect mean the severing of the only boundary between Croatia and Italy. The loss of this link, by granting the Slovenes this corridor, is also in direct opposition to the Osimo agreement.
CONCESSION OVER THE CORRIDOR?
At best, Croatia will offer Slovenia permission to use but not own the corridor. As things stand now, an attempt will be made to negotiate a concession over the corridor with the Slovenes. Slovenia, due to its push to attain ownership over its access to the open sea, has offered a softer draft agreement on the unresolved border dispute. This is a precedent which Ljubljana calls a compromised solution. Slovenia has offered that a Croatian sea-enclave be created north of the sea corridor.The Croatian territorial sea would, if the suggestion was to go ahead, be divided into two and the only way to access this Croatian "sea enclave" would be through the creation of a Croatian corridor running across the Slovene corridor.
Perhaps this extremely complex version of a compromise best reflects the heart of the Croat-Slovene dispute, the different state and political interests at play in the Piran Bay. The Slovene side, as it has already been proven, is insisting upon such a drawing of borders so that it can attain direct access to the open sea via its own sea corridor. However, according to all geopolitical analysts, Slovenian access to the Adriatic does not at all depend upon the different variations of the division of the Piran Bay.
Even if Slovenia received the entire Piran Bay, it still would not, on the basis of international law, have the suitable natural-geographic prerequisite for having its own corridor to the open sea. Slovenia would only obtain access to its own seas and not to the open seas, which has been guaranteed to Ljubljana through the "Law on Unobtainable Access". On the basis of this law, Slovenia has access to the open seas across Croatia's territorial seas on the condition that it does not endanger the good order and security of Croatia.
SLOVENIA'S RIGHT UNDER INTERNATIONAL LAW
The right of passage of war ships is legally guaranteed. According to this law, Slovene submarines, for example, could travel towards the open Adriatic, however only on the surface and with clearly identifiable symbols all the while they are in the Croatian territorial sea.Slovene fishing vessels when travelling towards the open seas across Croatian waters must use the shortest route, without stopping or dropping anchor and naturally, without fishing. Recently, British and Croatian geopolitical scientists, in an analysis published by the Research Centre of the University of Durhan, concluded "...it is very questionable that Slovenia has a strong enough foundation for a movement from the central line especially when it is trying to link that question to its access to international waters from Slovene ports".
It then concludes that "...it would basically leave untouched if a boundary of the territorial sea with Croatia is drawn according to the principle of acceptance".
Together with Mladen Klemencic, Obzor commentator, Dusko Topalovec participated in the analysis and identified Slovenia's reason for waiting in Kracun's latest statements. For example, in an interview given to Delo, Minister Kracun offered Slovene help in improving transport links with the rest of Europe in exchange for Croatia's acceptance of Slovenia's proposal.
Topalovic's second extremely interesting conclusion relating to Slovenia entering NATO is, "they shall then have more arguments in seeking direct access into international waters because of the need for direct contact with the NATO fleet".
Be as it may, it will only be possible to talk to our western Neighbours about the solution of these unresolved questions after the parliamentary elections. Until then, the Piran Bay will continue to be one of the main pre election theme.
