A Review of the Issue of the Border between Serbia and Croatia on the Danube

Dimitrijević, Duško (2012) A Review of the Issue of the Border between Serbia and Croatia on the Danube. Megatrend revija = Megatrend review, 9 (3). pp. 1-22. ISSN 1820-3159

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Abstract

After the succession of SFR Yugoslavia the territory of the federal state passes to the new states on the basis of the pre-existing administrative boundaries. This consequence follows from the application of the decolonization principle of uti possidetis which in the case of delimitation between Serbia and Croatia has the limited effect of freezing the territorial status quo existing at the moment of independence of states. Because the clear legal title has not existed on boundary river Danube in the predecessor state, the principle could be understood only in retrospective historical context which not precludes the parties from citing the contents of any indicia of title. It means, if Serbia and Croatia failing to conclude an agreement in relation to delimitation on Danube, they must allow application of another general international rule. This fits the principle of mid-channel (thalweg), which preserves to each state equality of right in the beneficial use of the Danube.

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