|
|
Learning Curve of the Conditionality of the EU's Enlargement Policy - the Role of the "Good Neighborhood Principle" in the Case of Border Disputes.
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Kasáková, Zuzana (referee)
DP JANA LIPSKÁ Abstract The thesis examines the policy of good neighborliness as one of the conditions for the accession of (Balkan) countries to the EU. As it is an unanchored concept, the thesis should focus on its development and the possibility of its enforcement as a conditionality. It is its enforceability that the EU has at least partially achieved after the enlargement to Croatia in 2013, or by modifying the conditionality in 2018, when the settlement of bilateral disputes became a condition for the admission of the new state. This paper explains this change in conditionality and what led EU officials to make it. The EU has also changed its role in these disputes. It has moved from being an active mediator to a passive position from which it primarily motivates the parties involved in the dispute to resolve it. The EU demonstrates its role as a normative power, which is what it uses conditionality for. The basic premise is that previously the EU has tried to intervene more and resolve such disputes, while at the same time it accepted states that have not resolved them. The Union has learned from this and its policy has changed to less involvement but more emphasis on resolving such disputes. This thesis recalls the fundamental turning point that led to the decision of EU leaders, which was Croatia's...
|
|
|
Croatia-Slovenia Border Dispute in the Bay of Piran and Reasons of Reaction of both parties to final award of International Arbitration
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Šístek, František (referee)
This text presents progression of Slovenia-Croatia border dispute in the Bay of Piran and narrates the question of Slovenian junction to high seas. The dispute which escalated with the breakup of Yugoslavia in the early 1990s is one of many similar disputes that has the war in the Balkans caused. Therefore, the text presents the historical progression of the dispute and its solutions. However, none of those attempts of solution were successful and the dispute remained unsolved for more than twenty years until the parties finally agreed to international arbitration. The international arbitration of Permanent Court of Arbitration in Haag between 2012 - 2017 was the last attempt of solution by third party. This text reconstructs the arbitration and analysis reaction of both sides to the Final Award of the Tribunal and its process. Important part of the whole conflict as well as for this thesis is unilateral termination of Croatia from the arbitration due to the presence of wire-tapes which delivered the conversation between Slovenia's government representatives and Slovenian member of the Tribunal. The thesis presents the circumstances of those wire-tapes and reactions of both parties. The thesis contrasts the political arguments and the international law. It also answers the question why Croatia has...
|
|
|
Croatia-Slovenia Border Dispute in the Bay of Piran and Reasons of Reaction of both parties to final award of International Arbitration
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Šístek, František (referee)
This text presents progression of Slovenia-Croatia border dispute in the Bay of Piran and narrates the question of Slovenian junction to high seas. The dispute which escalated with the breakup of Yugoslavia in the early 1990s is one of many similar disputes that has the war in the Balkans caused. Therefore, the text presents the historical progression of the dispute and its solutions. However, none of those attempts of solution were successful and the dispute remained unsolved for more than twenty years until the parties finally agreed to international arbitration. The international arbitration of Permanent Court of Arbitration in Haag between 2012 - 2017 was the last attempt of solution by third party. This text reconstructs the arbitration and analysis reaction of both sides to the Final Award of the Tribunal and its process. Important part of the whole conflict as well as for this thesis is unilateral termination of Croatia from the arbitration due to the presence of wire-tapes which delivered the conversation between Slovenia's government representatives and Slovenian member of the Tribunal. The thesis presents the circumstances of those wire-tapes and reactions of both parties. The thesis contrasts the political arguments and the international law. It also answers the question why Croatia has...
|
guest ::
