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Aegean Sea Continental Shelf Case (Greece v. Turkey)

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — International comity — Whether bringing proceedings before International Court of Justice an unfriendly act

State territory — In general — Nature of territorial sovereignty — Rights over continental shelf — Whether territorial rights — Whether stemming from territorial sovereignty

State territory — Parts of State territory — Boundaries — Water boundaries — Delimitation of continental shelf boundaries

State territory — Parts of State territory — Continental shelf — Character of rights over the continental shelf — Whether territorial rights — Whether dispute about continental shelf rights a dispute relating to territorial status — Greek islands adjacent to Turkish coast — Whether possessing a continental shelf of their own Appropriate method of delimitation

State territory — Parts of State territory — Islands — Greek islands adjacent to the Turkish coast — Whether possessing a continental shelf of their own — Appropriate method of delimitation

Jurisdiction — In general — Territorial — Continental shelf — Whether dispute about continental shelf rights a dispute relating to territorial status — Greek islands adjacent to Turkish coast — Whether possessing a continental shelf of their own — Appropriate method of delimitation

Treaties — In general — Form of international agreements — Press communique issued by two Prime Ministers recording their decision that a dispute would be submitted to the International Court of Justice — Whether capable of amounting to a binding agreement

Treaties — Conclusion and operation of treaties — Reservations — Whether reservation follows evolution of law to take account of new areas of law — Interpretation of reservations — Object and purpose — Distinction between intention and motive — Reference to trauaux preparatoires — Reciprocity — Whether Respondent State entitled to take advantage of reciprocal application of reservation in dispute settlement treaty without appearing before the Court

Treaties — Conclusion and operation of treaties — Operation and enforcement — Settlement of disputes agreement — Whether following evolution of law to include disputes relating to new legal issues

Treaties — Termination of treaties — By operation of law — General Act for the Pacific Settlement of Disputes 1928 — Whether terminated on dissolution of the League of Nations — Change of circumstances — Desuetude — Whether a ground for termination of treaties — Whether leading to termination of General Act

Treaties — Interpretation — Principles and rules of interpretation — Interpretation of reservation — Grammatical construction of reservation ambiguous — Reference to object and purpose — Distinction between intention and motive — Reference to travaux preparatoires — Whether reservation intended to follow evolution of law to take account of new legal issues — Interpretation of informal press communique — Reference to negotiating history

Treaties — Interpretation — Multilingual treaties — Examination of English and French texts of Greek reservation to General Act for the Pacific Settlement of Disputes 1928 — Reference to travaux preparatoires of reservation — Relevance of Greek text of travaux preparatoires

Treaties — Interpretation — Consideration of preparatory work — Examination of preparatory work of reservation to treaty

International organization and administration — The United Nations — The Security Council — Dispute referred to Security Council and International Court of Justice simultaneously — Whether proper for Court to consider case

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Refusal of Respondent State to take part in proceedings — Examination of question of jurisdiction by Court — Extent to which Court may make use of written communications from Respondent — Principle of equality between parties — Indication of interim measures of protection — When necessary

Disputes — Negotiation — Dispute referred to International Court of Justice while negotiations still taking place — Whether a dispute — Whether proper for Court to hear case — Interaction between different methods for the peaceful settlement of disputes — Article 33 of the Charter of the United Nations

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Respondent State declining to take part in proceedings — Duty of Court to satisfy itself that it has jurisdiction — Alternative bases for jurisdiction advanced by Applicant — General Act for the Pacific Settlement of Disputes 1928 — Whether in force — Applicant’s reservation to General Act — Whether Respondent entitled to take advantage of reservation without appearing before Court — Press communique stating that Prime Ministers of two States have agreed to submit case to the Court — Whether a basis for jurisdiction in respect of unilateral application by one State

Competence — Competence of the Court challenged on two grounds — Court entitled to base decision on whichever ground seems clearer

Procedure — Refusal of Respondent State to appear before Court — Consequences — Article 53 of the Statute of the Court — Extent to which Court can take account of written communications from the Respondent

Interim measures of protection — Circumstances in which indication of interim measures is required — Whether risk of irreparable prejudice needed — Whether Court has inherent power to indicate interim measures to prevent aggravation of dispute and threat to peace

Dispute also taken before United Nations Security Council — Whether proper for Court to consider dispute of which Council is seised — Difference between political and legal disputes — Negotiations — Whether fact that negotiations are in progress deprives Court of jurisdiction — Whether fact negotiations are taking place means there is no dispute — Interaction of methods of peaceful settlement — Article 33 of the Charter of the United Nations

Treaties — Interpretation — Interpretation of reservation — Grammatical construction ambiguous — Interaction of the parties — Distinction between intention and motive — Reference to trauaux preparatoires of reservation — Reservation in respect of disputes relating to “territorial status” — Whether including disputes about continental shelf — Whether including delimitation dispute

Treaties — Change of circumstances — Evolution of international law — Development of doctrine of the continental shelf — Whether treaty providing for settlement of disputes follows evolution of law to cover disputes about new area of the law — Whether reservation also follows evolution of the law

Treaties — Termination — Desuetude — Whether a ground for termination — General Act for the Pacific Settlement of Disputes 1928 — Whether remaining in force while not used — Whether surviving dissolution of the League of Nations

Treaties — Form of international agreements — Press communique issued by two Prime Ministers — Whether capable of constituting a binding international agreement — Interpretation

Jurisdiction — Continental shelf — Character of rights over the continental shelf — Whether territorial rights — Whether dispute about continental shelf rights a dispute relating to territorial status

Type
Case Report
Copyright
© Cambridge University Press 1981

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