Greece
considers the delimitation of the Continental Shelf as the only legal difference between the two countries and therefore seeks a judicial settlement.
Turkey
, on the contrary, has raised the issue in a way that makes it obvious that her demands far exceed her rights as enshrined in international law. In essence
Turkey
is aiming to acquire continental shelf rights to the west of the Greek islands in the
Eastern Aegean
, which would basically ensnare them in an area under Turkish jurisdiction. This view is not based on any rule of international law, but rather reveals
Turkey
s intentions to turn a purely legal issue into a political one.
Historical background
Greek-Turkish differences over the Aegean Continental Shelf date back to November 1973 when the Turkish Government Gazette published a decision to grant the Turkish national petroleum company permits to conduct research in underwater areas close to the Greek islands. The Turkish Government did the same in 1974, extending the areas already under license. In 1974 and 1976 research was also carried out in the Aegean by Turkish oceangraphic ships (Candarli and Hora).
In an attempt to defuse the tension created by the Turkish action, talks were held between Greece and Turkey in Berne. On 11/11/1976 the two countries signed the Minutes of the same name setting out a framework of conduct for future handling of the issue until it was submitted to the International Court. Following Turkeys refusal to go before the Court the Berne Minutes ceased to apply.
Because of Turkeys refusal to solve the issue in the International Court, the deadlock continued until March 1987 when the Turkish vessel Sismik-1, escorted by Turkish warships, set out for the Aegean to conduct underwater research just off the coastal zone of the Greek islands, bringing the crisis to the verge of armed conflict. The crisis was defused through an exchange of messages between the two Prime Ministers, which also provided Greece with the opportunity to reiterate her constant stance on delimitation of the Aegean Continental Shelf, which remains unaltered to this day.
Subject and Nature of the Dispute
he issue at stake concerns the delimitation of the Continental Shelf at two specific points, - the underwater prolongation of the Thracian border, and the islands of the Northern and Eastern Aegean which lie just off the Turkish coast and the Dodecanese. It clearly does not concern the entire Aegean Continental Shelf, as Turkey has recently claimed. Indeed, Turkey only granted oil exploration licences for the two afore-mentioned sites.
Moreover, international law and the related jurisprudence (1958 Geneva Convention, 1982 United Nations Convention on the Law of the Sea, 1969 International Court decision on the delimitation of the North Sea Continental Shelf), clearly stipulate that islands are fully entitled to a continental shelf of their own, despite Turkeys unsubstantiated claims to the contrary.
As for solving the dispute, Turkey invokes the principle of equity, without being able to base this on any specific, sound criteria. According to Greece, the Continental Shelf must be delimited in accordance with international law (Contractual and Customary law), under which the prevailing principle for delimitation is that of the median line. This is borne out by international practice.
According to international practice, the special cases (proximity of certain Greek islands to the Turkish coast) which Turkey arbitrarily invokes to solve the Aegean Continental Shelf issue is no more than an exception to the median line rule. This view cannot therefore serve as a justification for shifting the median line from the eastern to the central
Aegean, nor for ignoring international contractual or customary law provisions, in other words, that islands have a continental shelf of their own.