maritime boundaries between Italy and Montenegro

Agreement between Italy and Yugoslavia concerning the Delimitation of the Continental Shelf between the two Countries in the Adriatic Sea*8 January 1968

On January 8, 1968, the Governments of Italy and Yugoslavia signed an Agreement establishing a continental shelf boundary in the Adriatic Sea. Ratifications were exchanged and the Agreement came into force on January 21, 1970. Yugoslavia is a party to the 1958 Geneva Convention on the Continental Shelf. Italy is not a party to the Convention, but has enacted legislation concerning jurisdiction over the continental shelf (Act No. 613 of July 21, 1967, Law for Exploration and Production of Liquid and Gaseous Hydrocarbons in the Territorial Sea and Continental Shelf).

Montenegro, another of the Yugoslav successor states, inherited a very small portion of the continental shelf boundary that Yugoslavia had established with Italy in 1968. Assuming an equidistance tripoint with Croatia, Montenegro’s maritime boundary with Italy would begin just south of point 42 from the former Yugoslav–Italy boundary and then proceed to its terminus at point 43. There are approximately six nautical miles of undelimited maritime space between Italy and Montenegro from point 43 to the tripoint with Albania, which has not yet been formally established.

The important feature of this Agreement is the method of jurisdictional delimitation of the shelf employed in view of the presence of small islands located many miles from the mainland near the middle of the sea. If the basic formula for delimiting the CSB set forth in the Geneva Convention on the Continental Shelf had been strictly followed, Italy would have been placed in a disadvantageous position vis-a-vis Yugoslavia in delimiting the continental shelf boundary. The Yugoslav islands of Jabuka, Kajola and Pelagruz would have dislocated the CSB had the equidistance principle been literally utilized. This potential inequity was offset by the two concessions made by the Yugoslavs to the Italians, the latter responding with a lesser concession to the Yugoslavs. The northernmost Yugoslav concession totaled 1,680 square kilometers, the southernmost 1,400 square kilometers. The islands used in determining the new boundary were those larger islands located closer to the Yugoslav coast. Around the islands of Kajola and Pelagruz, the Yugoslavs conceded to Italy the area that was outside the 12 nautical mile territorial sea of the respective islands. The Italian concession of 416 square kilometers negates the influence of the island of Pianosa and the mainland was used in determining the continental shelf boundary. The areal exchange was of the ratio of about 7.4 to 1 with the Yugoslavs contributing the larger amount.
This Agreement is an example of what has been achieved through negotiation when strict application of the equidistant principle results in a disproportionate division of the shelf between two countries as a consequence of the random location of small islands.

Italy–Montenegro Maritime Boundary
Montenegrin Exclusive economic Zone

Maritime boundaries in the Adriatic
In the period following the WW II there were just three coastal states in the Adriatic.
The total of 3737 km of coast was shared between former Yugoslavia (56%), Italy (33%)
and Albania (11%). A small number of coastal states should theoretically enhance the
prospects for co-operation, but it did not flourish as it might have been expected. This
was largely the consequence of the fact that each of the coastal states had distinct ideological
orientations and geopolitical codes. Italy was a part of NATO alliance, Albania
was a rigid communist state, initially a Warsaw Pact member and later on a dissident
of the Soviet bloc with a strong isolationistic policy. Yugoslavia, ideologically a
“soft-communist” state, maintained a neutral position between the East and the West,
while co-operating with both sides. With regard to developments in the maritime boundary
system, this political context meant that the only bilateral achievements between
the Adriatic states were delimitations settled between Italy and Yugoslavia. Due to its
unfriendly foreign policy, Albania did not want to delimit its maritime boundaries.
Remaining maritime jurisdiction and their limits, namely territorial seas and baselines,
were proclaimed unilaterally.

All three coastal states proclaimed territorial sea. Albania initially proclaimed territorial
sea which extended 15 nautical miles. In 1990 Albania corrected the breadth of territorial
sea to the conventional 12 nautical miles. Italy in 1974 and former Yugoslavia in
1979 proclaimed their 12 nautical miles territorial seas. The straight baselines were also
adopted by all sides. Yugoslavia completed its baseline system, the most complex of the
three, in 1965. Albania proclaimed its baseline system in 1970 and modified it in 1976.
Finally, Italy proclaimed its system in 1977. Besides Adriatic coast, Italian baseline system
extends to Ionian and Tyrrhenian sea. Detailed overview of the straight baselines
and territorial sea in the Adriatic was provided by Blake and Topalović (1996).
The agreement between Italy and Yugoslavia, signed in 1968 and entered into force
in 1970, was the first treaty concluded for the delimitation of the continental shelf in
the Mediterranean. The boundary line extended for 353 nautical miles, and basically
was equal to equidistant line. A more complex delimitation was needed only in the central
Adriatic in order to compensate Italy for the effect of Yugoslav open-sea islands of
Jabuka and Palagruža. The parties agreed not to extend the boundary south of Point 43
because Albania might have its interest. The parties to the treaty also decided to leave
open the territorial sea boundary in the Gulf of Trieste, taking into account that delimitation
of the Italy-Yugoslavia land border was only provisionally resolved at the time
when the treaty was concluded. Blake (1993/94) has emphasized the agreement was
widely considered as a fair and mutually satisfactory delimitation (Blake, 1993/94).
The northernmost section of the Italy-Yugoslavia maritime boundary, the territorial
sea boundary in the Gulf of Trieste, was agreed upon by the Treaty of Osimo in 1975
which was concluded mainly to put an end to the longstanding issue of land boundary
delimitation between the two countries. The boundary line connects five points.
Terminal point 5 has the same co-ordinates as starting point 01 of the 1968 continental
shelf agreement.
Redrawing of the European political map in the period of geopolitical transition, which
came following the collapse of bipolar world and demise of communism, created new situation
in the Adriatic. A number of coastal states doubled. Former Yugoslav coast was
divided into Slovenian, Bosnian, Montenegrin, and, immensely longest Croatian part.
Croatia inherited about 85% of Yugoslav coast (1780 km) and practically all the islands.
Such a long coastline ranks Croatia at the first or second position among “new” European
states, depending on whether one counts islands or not (Blake, 1993/94).

Most of the present-day off-shore boundaries were initially parts of former
Yugoslavia-Italy boundary agreed in 1970’s (Figure 1). The former Italy-Yugoslavia
maritime delimitations remained in place and were unaffected by the dissolution of
Yugoslavia. On the basis of the principle of succession, the formerly integral
Italian-Yugoslav boundary line through the Adriatic has been inherited as the
Italy-Slovenia, Italy-Croatia and Italy-Montenegro maritime boundary. Although the
succession has not been confirmed by a formal document, none of the sides involved
have expressed any legal, political, geographical or other reason to claim revision.
In 1992 Albania and Italy concluded the agreement on maritime delimitation of continental
shelf. The boundary was agreed on the basis of the principle of equidistance
that is expressed by the median line. It was simple and clear case of delimitation, easily
reached under the new geopolitical circumstances following international opening of

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