Greece to extend territorial waters in Ionian Sea to 12 miles, says PM

[Saiyan0321]

Where does treaties come into the picture when talking about maritime borders and such. I am certain that after the independence war it is stated in the treaty of Lausanne that the island in aegean has only 3 nm.

In my dealings with business law. The laws are only applicable if there are no other signed agreements

Also ret. Adm. Kutlu said that Greece had limited what icj could handle of cases. As such Greece has barred the ICJ from handling any case regarding aegean sea.

Well treaties come in this aspect that as long as the Law of Sea is satisfied then nations can delimit their sea lines and if two nations come into such a treaty then ofcourse it will take precedence as long as the law of sea was followed in that treaty as well. I read the treaty but couldnt find the caluse that explicitly stated it. The thing is 143 long Articles but i couldnt find an explicit bar on both nations on increasing their NM line and secondly When Greece increased their NM to 6, turkey followed suit as well and in ICJ you need to follow the clean hand maxim as well.

Your dealings are not wrong since Treaty law is the basis of International law however Law of Sea states that any delimitation must be done under the ambit of the Law of Sea which again gives credence to its customary nature. For example, Pakistan and Oman, Qatar, Yemen cannot divide the Arabian sea among ourselves. We must follow limits of the Law of Sea and the EEZ. You see in land delimitation two states can delimit as much as they want however the Law of Sea brings limits which is why states often reach out to ICJ rather then try to delimit themselves.

Again i am not sure that the treaty of Lausanne has such a provision because in 1976 Greece did reach out to the ICJ to stop the turkish seismic experiments in the Aegean sea. They asked for Interim Relief in accordance to Article 41 however the court denied that interim relief could only be granted if the act done was irreparable however this act could was reparable and Turkey also stated that Greece had come to the court prematurely since turkey had no plans to use force on the disputed regions. The Court decided to first look at its competence on this matter.

In a Judgment delivered on 19 December 1978, the Court found that jurisdiction to deal with the case was not conferred upon it by either of the two instruments relied upon by Greece : the application of the General Act for Pacific Settlement of International Disputes 1928 whether or not it was in force was excluded by the effect of a reservation made by Greece upon accession, while the Greco-Turkish press communiqué of 31 May 1975 did not contain an agreement binding upon either State to accept the unilateral referral of the dispute to the Court.

So the court found itself competent on the nature of the complaint and the relevant acts but didnt mention the treaty. What do your jurists say? surely they know alot about it.

 

[Saithan]

Well treaties come in this aspect that as long as the Law of Sea is satisfied then nations can delimit their sea lines and if two nations come into such a treaty then ofcourse it will take precedence as long as the law of sea was followed in that treaty as well. I read the treaty but couldnt find the caluse that explicitly stated it. The thing is 143 long Articles but i couldnt find an explicit bar on both nations on increasing their NM line and secondly When Greece increased their NM to 6, turkey followed suit as well and in ICJ you need to follow the clean hand maxim as well.

Your dealings are not wrong since Treaty law is the basis of International law however Law of Sea states that any delimitation must be done under the ambit of the Law of Sea which again gives credence to its customary nature. For example, Pakistan and Oman, Qatar, Yemen cannot divide the Arabian sea among ourselves. We must follow limits of the Law of Sea and the EEZ. You see in land delimitation two states can delimit as much as they want however the Law of Sea brings limits which is why states often reach out to ICJ rather then try to delimit themselves.

Again i am not sure that the treaty of Lausanne has such a provision because in 1976 Greece did reach out to the ICJ to stop the turkish seismic experiments in the Aegean sea. They asked for Interim Relief in accordance to Article 41 however the court denied that interim relief could only be granted if the act done was irreparable however this act could was reparable and Turkey also stated that Greece had come to the court prematurely since turkey had no plans to use force on the disputed regions. The Court decided to first look at its competence on this matter.

In a Judgment delivered on 19 December 1978, the Court found that jurisdiction to deal with the case was not conferred upon it by either of the two instruments relied upon by Greece : the application of the General Act for Pacific Settlement of International Disputes 1928 whether or not it was in force was excluded by the effect of a reservation made by Greece upon accession, while the Greco-Turkish press communiqué of 31 May 1975 did not contain an agreement binding upon either State to accept the unilateral referral of the dispute to the Court.

So the court found itself competent on the nature of the complaint and the relevant acts but didnt mention the treaty. What do your jurists say? surely they know alot about it.

Well, I honestly don’t know. I do however know that Turkey didn’t have a university section for maritime law until mid 90’s or some such. Which is why ret. Adm. Cihat Yayci has joined a university and begun massive work on Mavi Vatan http://baudegs.com/

 

[Saiyan0321]

Well, I honestly don’t know. I do however know that Turkey didn’t have a university section for maritime law until mid 90’s or some such. Which is why ret. Adm. Cihat Yayci has joined a university and begun massive work on Mavi Vatan http://baudegs.com/

That is good. Academic work will surely help the Turkish stance. Unfortunately the only words i could read on that website were university web and digital