Page 83 - AEI Insights 2018 Vol 4 Issue 1

Opinion
GROWING MARITIME DISPUTE BETWEEN CROATIA AND BOSNIA

+
Anis H. Bajrektarević
Enis Oremović
Adil Kulenović

International Law and Global Political Studies, Vienna, Austria

+ Corresponding Author: anis@bajrektarevic.eu

Since Hugo Grotius’s famous Mare Liberum of 1609 the accessibility of the international
waters (free naval regime) has been the international custom observed by all (civilized) nations.
Ever since, the so-called Freedom of the Seas Doctrine has gradually elaborated on the notion
of territorial waters, continental shelf, economic zones and its demarcation distances. As the
technological breakthroughs made economic exploitation possible and military offences
probable, the international community repeatedly tried to codify the customary rules into the
text of the comprehensive universal legally binding instrument. Not before after WWII, which
was extensively fought on the seas by nearly all major belligerent parties, the critical
momentum has been built. The first two negotiation rounds have been conducted in 1950s
leading to the successful closure of the UNCLOS I (1956) and UNCLOS II (1958, 1960). With
over 160 participatory states and after nine consecutive years of heavy negotiations, the
UNCLOS III was closed in 1982 (entering into force by 1994).

Without a wish to recapitulate on all details stipulated by the UNCLOS, let us only make a
brief reference to the zones. The UNCLOS recognizes the right of the states to extend the
1
national territory by several maritime zones from their respective coastlines. Thus, the
international instrument differentiates:
- Internal Waters (land-coast – baseline) – no passage prior to explicit permission;
- Territorial Waters (from baseline up to 12nM seawards, with the possible extension for
additional 12nM of so-called Contiguous Zone) – innocent passage right;
- Inner Sea (archipelago states only) – innocent passage right;
- Prolongation of the Continental Shelf /PCS/ (territorial extension for up to 150nM
seawards from baseline based on a confirmed geo-morphological proof) – innocent
passage right;
- Exclusive Economic Zone /EEZ/ (from baseline up to 200nM seaward, upon the
UNCLAS ratification) – innocent passage right;
- PCS and EEZ (up to 350nM seawards from baseline approved by the CLCS 10 years
after the UNCLAS ratification);
- High Seas (beyond the limits of 200nM/350nM) – open for free passage and
exploitation to all states.
The recognition of the Exclusive Economic Zone (EEZ) and PCS (prolongation of the
continental shelf) by the UNCLOS surely obliges the Mediterranean/Adriatric states to grant
innocent passage right to all foreign vessels. However, it firmly awards the littoral states since
both zones are exclusive belts for any economic activity, be it seabed exploitation (ore, gas,
oil, other minerals, and the like) or exclusivity in the fishing rights (marine biota).

1 The basis is the drawing of baselines along the coastal lines - either by following the low water mark or by following the
general direction of the land-coast.