nytimes.com 
<https://www.nytimes.com/2017/12/29/world/europe/slovenia-croatia-border-eu.html?rref=collection%2Fsectioncollection%2Feurope&action=click&contentCollection=europe&region=stream&module=stream>
  


E.U. Hoped Balkan Border Deal Would Be Model for Peace. Then It Collapsed.


Barbara Surk

10-13 minutes

  _____  

 

The border between Slovenia and Croatia near the village of Gibina, Slovenia. 
Jure Makovec/Agence France-Presse — Getty Images 

This was supposed to be the year in which Slovenia and Croatia, members of the 
European Union and NATO, triumphantly ended a 26-year border dispute 
<http://www.nytimes.com/2006/07/18/world/europe/18customs.html>  after an 
international court ruling in June. But it was not to be.

Slovenia backed the deal, but Croatia had already dropped out of arbitration, 
accusing Slovenia of breaching the process. The court gave the two countries 
six months to review the decision and prepare to carry it out.

The deadline expired on Friday.

The collapse of the agreement has left the European Union rattled and more than 
a little concerned, since it had aimed to use it as a model of amicable 
conflict resolution for the rest of the Western Balkan countries seeking to 
join.

Brussels, which had a tense 2017 because of the negotiations over Britain’s 
exit from the bloc, may be in for a far more difficult 2018, with long-running 
border disputes on the continent’s volatile southeastern flank.

Here is a look at the Slovenia-Croatia dispute and what’s at stake for the 
region, and the European Union.


War and Independence


The border row is rooted in the breakup of Yugoslavia in 1991. That year, 
Slovenia and Croatia were the first of the former Yugoslav republics to declare 
independence as the others became engulfed in war.

In 1992, the Arbitration Commission of the Peace Conference on Yugoslavia 
decided that the unmarked boundaries among the newly formed states — Bosnia and 
Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Slovenia — should 
become their international borders.

Slovenia and Croatia tried to formalize their maritime and land boundaries in 
bilateral talks, but could not agree where each country began and ended. After 
Slovenia joined the European Union in 2004, it blocked Croatia’s accession for 
years because it would not compromise on the borders.

In 2009, Slovenia lifted the blockade 
<http://www.nytimes.com/2009/09/12/world/europe/12iht-slovenia.html>  after 
Croatia agreed to let an arbitration court decide the dispute. That paved the 
way for Croatia to become a member of the bloc in 2013.

 

The coastal town of Piran, Croatia. The Bay of Piran is caught in a territorial 
dispute between Slovenia and Croatia. Jure Makovec/Agence France-Presse — Getty 
Images 


Final Decision, No Appeal


At the center of the dispute are 7.3 square miles of maritime territory in the 
Bay of Piran in the northern Adriatic Sea. Croatia claims half of the bay.

Also disputed is a 416-mile stretch of land along the Slovene-Croatian border 
that forms the southern frontier of Europe’s Schengen area, where passport-free 
travel is possible. Croatia is not member of the Schengen Treaty. But Slovenia, 
which is, erected a razor-wire fence 
<https://www.nytimes.com/2015/11/12/world/europe/slovenia-border-fence-migrants-refugees.html>
  along that border in 2015 to stem the flow of migrants.

A tribunal in The Hague issued a unanimous decision on June 29 
<http://www.vlada.si/fileadmin/dokumenti/si/projekti/2017/arbitraza/SJ_tribunala.pdf>
 , awarding most of the contested waters in the bay to Slovenia. Most 
crucially, it granted the Alpine country of two million people direct access to 
international waters via a 10-nautical-mile corridor.

Croatia was awarded contested areas along three rivers in the southeast — 
Dragonja, Kupa and Mura — as well as territory on a mountain peak called Sveta 
Gera in Croatia and Trdinov Vrh in Slovenia. The tribunal’s judgment was final, 
and there is no appeal.

After the ruling, Frans Timmermans, a senior vice president of the European 
Commission, the European Union’s administrative arm, said, “The commission 
takes good note of the final award and expects both parties to implement it 
<http://europa.eu/rapid/press-release_STATEMENT-17-1911_en.htm> .”

Slovenia accepted the ruling, but Croatia refused. In 2015, the Zagreb 
government withdrew from arbitration, citing irreversible damage to the process 
after an intercepted phone conversation between a lawyer for the Slovene 
government and an arbiter at the tribunal discussing the case was leaked to the 
news media.

Slovenia acknowledged the violation, and the Court of Arbitration ruled in 2016 
that the leaked call was not enough to force the tribunal to abandon its 
deliberations.

Since the June ruling <https://youtu.be/xFQxuMnZ2b4> , Prime Minister Miro 
Cerar of Slovenia and Prime Minister Andrej Plenkovic of Croatia have met nine 
times, with Croatia refusing to change its mind. At their last meeting, in 
Zagreb on Dec. 19, Mr. Plenkovic reiterated that though the court decision was 
not binding for his government, it was willing to resolve border issues with 
its northern neighbor in bilateral talks.


A ‘Crucial Year’


The feud underlines the persistent, deep mistrust among the countries on the 
edge of the European Union stemming from the wars of the 1990s.

“The European Union underestimated the heavy burden of the past attached to 
this border dispute and all others in the region,” said Klemen Groselj, a 
security analyst in Slovenia. “History and current political reality within 
these countries can defy geography.”

The dispute worries European officials, who are trying to maintain a fragile 
peace in the Balkans. The European Union had hoped the scarred region had been 
wrested from the grasp of militant nationalism via funds for reconstruction and 
a prospect of European integration after democratic reforms.

But the Slovenia-Croatia row is a sign that the nations may be unable to shed 
troublesome habits, including unending quarrels and threats of unrest.

European officials had considered the new year an important marker to restart 
its expansion to the Western Balkan countries that have been stuck in the 
bloc’s waiting room for much of the past decade. The aspiring candidates 
include Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro and Serbia, along 
with Albania.

The European Union is also looking to the Western Balkans to fortify the bloc’s 
external borders by asserting better control of their own frontiers to manage 
future migrant flows form the south.

Brussels also wants to re-engage the region to fend off the growing influence 
of Russia, Turkey and China. But various border disputes continue to simmer in 
the region.


Other Territorial Battles


Croatia vs. Serbia

 

The Croatian side of the Danube River near the village of Batina. A 201-mile 
stretch of land near the river is embroiled in a border dispute with Serbia. 
Hrvoje Polan/Agence France-Presse — Getty Images 

Croatia has a border dispute with each of its neighbors, except Hungary. The 
most contentious quarrel is over where its national territory ends and Serbia’s 
begins along a 201-mile stretch of land near the Danube River.

The two countries fought a war in the 1990s and remain bitter rivals. The 
central question: Does the border run down the middle of the Danube, as Serbia 
says, or along an old cadastral route, as Croatia claims?

Serbia has been a front-runner in the Western Balkan race for European 
integration. But as a full member, Croatia can block or delay Serbia’s 
accession.

Bosnia and Herzegovina vs. Serbia and Croatia

Before ethnic conflict flared in the 1990s between Serbs and Bosniacs in Bosnia 
and Herzegovina, and before ethnic Croats turned on Bosniacs, the country’s 
independence had been recognized with its international borders.

But the country was sliced up to end the war. The Dayton peace accord divided 
it into two entities: one dominated by Serbs and the other shared by Croats and 
Bosniacs in a federation that was further divided into 10 cantons.

Croats have been itching to break up from the federation and, like the Serbs, 
have their own entity, including part of the city of Mostar.

The Bosnian Serbs and the leader of their autonomous region, Milorad Dodik, 
support the quest. Mr. Dodik has consistently undermined the Bosnian courts and 
other state institutions in Sarajevo to gain more autonomy for his region.

Separately, Croatia has a dispute with Bosnia in the Adriatic Sea.

Bosnia is far from joining the European Union, and failed to fill out a 
questionnaire that the bloc uses to assess whether a country meets the 
requirements for joining.

Serbia vs. Kosovo

 

United States soldiers serving in a NATO-led peacekeeping patrol on the 
administrative boundary in northern Kosovo. Laura Boushnak for The New York 
Times 

Kosovo, too, is far from being integrated into the European Union, given that 
several member nations do not recognize it as a sovereign state. Serbia, which 
relinquished control of the predominantly ethnic Albanian province after a NATO 
bombing campaign 18 years ago, does not recognize Kosovo’s independence.

Several thousand troops, including from the United States, remain in Kosovo and 
patrol the nation’s borders. The Serbian government in Belgrade, meanwhile, has 
rekindled an old alliance with Russia.

While an armed confrontation between Russia and NATO in the Balkans is 
unlikely, Moscow supports Belgrade’s refusal to recognize Kosovo’s sovereignty, 
which it declared in 2008. But without it, Serbia cannot join the European 
Union.

Kosovo vs. Montenegro

The two countries struck a deal on borders in 2015, but the Kosovo opposition 
threw a fit — and tear gas 
<https://www.nytimes.com/2016/02/20/world/europe/kosovo-opposition-tear-gas-parliament.html>
  in 2016 — in the Parliament chamber, refusing to ratify it because the 
country had ceded territory.

The European Union, however, set the border demarcation deal with Montenegro as 
a condition for visa-free travel for Kosovar citizens.

Macedonia vs. Greece

Macedonia is the only former Yugoslav republic to emerge as an independent 
state without border disputes. But Macedonia’s neighbor, Greece, denies its 
very existence because it says Macedonia’s name suggests that it has 
territorial claims over Greece’s own northern region of the same name.

Athens has forced a working name on its neighbor — the Former Yugoslav Republic 
of Macedonia — and has blocked it from joining any European Union or NATO 
institution unless it changes its name.

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