POMORSKA GRANICA IZMEĐU BOSNE I HERCEGOVINE I REPUBLIKE HRVATSKE – PRAVNA ANALIZA I SLUČAJ PELJEŠKOG MOSTA
THE MARITIME BORDER BETWEEN BOSNIA AND HERZEGOVINA AND THE REPUBLIC OF CROATIA - LEGAL ANALYSIS AND THE CASE OF THE PELJEŠAC BRIDGE

Summary/Abstract: In this paper, the author addresses the issue of determining the maritime border between Bosnia and Herzegovina and the Republic of Croatia, with special emphasis on the international legal implications of the construction of the Pelješac Bridge. The author first analyzes the relevant provisions of the 1982 United Nations Convention on the Law of the Sea, primarily for the purpose of correctly understanding the rights and obligations of coastal states with regard to mutual delimitation and access to the high seas. In this regard, the importance of Article 7, paragraph (6) of this Convention is particularly emphasized, the provisions of which were already initially violated by the Republic of Croatia by adopting the Maritime Code of 1994 to the detriment of Bosnia and Herzegovina as a coastal state, which as such has the right to access the high seas. The author further presents the legal consequences of the process of dissolution of the Socialist Federal Republic of Yugoslavia in the context of the interstate demarcation of its former republics. The author also analyzes in detail the provisions of the Treaty on the State Border between the Republic of Croatia and Bosnia and Herzegovina, signed in Sarajevo on July 30, 1999, which established the median line (equidistance line) in the Bay of Mali Ston as the maritime border between the two states. Finally, the author analyzes the legally relevant aspects of the construction of the Pelješac Bridge, as well as its impact on the bilateral relations between Bosnia and Herzegovina and the Republic of Croatia.

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