It is not about a territorial dispute

I would like to elevate the debate above the merits of the territorial dispute between Slovenia and Croatia. Yes, there is one. However, the question is how to solve it on grounds of international law.

It is my intention to approach the issue not from a Croatian but from a European perspective. On that count, Slovenia erodes the values of the EU in two aspects. First, by resurrecting a 20th century blunt und boden nationalism, and second, by infringing the value of the rule of law (including international law) enshrined in Art. 6 of the Treaty of the European Union (TEU).

It erodes the credibility of the EU in international law and the implementation of the EU's international treaty obligations under the Stabilisation and Association Agreement (SAA). In essence, Slovenia is causing the EU to violate Art. 120 of the SAA with Croatia; violates her membership obligations based on Art. 10 of the EC Treaty; and obstructs the Common Foreign and Security Policy (CFSP), especially the conditionality policy.

The remaining part of my comment is focused on Slovenia's obstruction of the EU's conditionality policy.

The conditionality policy for countries of Western Balkans was introduced by the European Commission in 1996. On 29 April 1997, following the commission's report, the EU General Affairs Council adopted a regional approach introducing political and economic conditionality for the development of relations with countries in the region. That approach was further developed in June 1999, following the commission's proposal of 26 May for the creation of a Stabilisation and Association Process (SAP) for the countries of South-Eastern Europe, including Croatia.

The main conditions to be complied with by those countries were specified as compliance with democratic principles, human rights and the rule of law; respect for and protection of minorities; market economy reforms; regional co-operation and compliance with obligations under international peace agreements.

The conditionality policy can be effective only if the EU is able to live up to its promises and if states that are its object can benefit from implementation of often difficult political, economic and legal reforms. Conditionality, therefore, has to be strictly linked to the fulfillment of democratic, economic and accession criteria. Above all, it has to be principled and applied in good faith.

Yet, Slovenia's blockage of Croatia's accession negotiations falls outside of the EU's external policy goals.

Slovenia is making Croatia's accession to the EU conditional to cession of territorial waters in the Northen Adriatic. Such a cession would extend Slovenian territorial waters beyond the 12 miles line from Slovenian soil - a request that is contrary to international law and which no political faction in Croatia is prepared to accept. In this way, a territorial claim has become a condition for accession.

Under Art. 10 of the Treaty Establishing the European Community, "Member States shall take all appropriate measures, whether general or particular, to ensure fulfillment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks. They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty."

The EU conditionality policy is one of member states' obligations under the Treaties. The Slovenian territorial requests are blocking the process of enlargement and pre-accession reforms in Croatia. Other countries in the region are taking notes. If the EU has nothing to offer in return, the conditionality policy is bound to fail and the region will lose incentives for reform.

The Slovenian blockade runs against her Art. 10 obligations under the EC Treaty. Slovenia's request to extend her territorial waters beyond the 12 miles line from her soil makes a mockery of international law and undermines the rule of law principle enshrined in Art. 6(1) of the TEU.

If making the accession conditional to territorial concessions is not put to an end, the EU's conditionality policy is bound to fail and the rule of law is bound to be eroded. In order to remain credible, the EU will have to address the issue.

Sinisa Rodin is professor at the University of Zagreb's faculty of law and holds the Jean Monnet Chair.