A Legal Approach to the Greek Turkish Continental Shelf Dispute at the Aegean Sea

A LEGAL APPROACH TO THE GREEK TURKISH CONTINENTAL SHELF DISPUTE AT THE AEGEAN SEA A Master’s Thesis by NEV ĐN ASLI TOPPARE Department of International Relations Bilkent University Ankara March 2006 A LEGAL APPROACH TO THE GREEK TURKISH CONTINENTAL SHELF DISPUTE AT THE AEGEAN SEA The Institute of Economics and Social Sciences of Bilkent University by NEV ĐN ASLI TOPPARE In Partial Fulfillment of the Requirements for the Degree of MASTER of ARTS in THE DEPARTMENT OF INTERNATIONAL RELATIONS BĐLKENT UNIVERSITY ANKARA March 2006 I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Master of Arts in International Relations. Prof. Yüksel Đnan Supervisor I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Master of Arts in International Relations. Prof. Ali Karaosmano ğlu Examining Committee Member I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Master of Arts in International Relations. Assoc. Prof. Necati Polat Examining Committee Member Approval of the Institute of Economics and Social Sciences Prof. Erdal Erel Director ABSTRACT A LEGAL APPROACH TO THE GREEK TURKISH CONTINENTAL SHELF DISPUTE AT THE AEGEAN SEA Toppare, Nevin Aslı MIR, Department of International Relations Supervisor: Prof. Dr. Yüksel Đnan March 2006 This master’s thesis aims to analyze, in detail, the issue of the delimitation of the continental shelf areas in the Aegean Sea, which can be accepted as one of the most challenging disputes between Greece and Turkey. This research, while analyzing the nature of the dispute, the approaches of Greek and Turkish governments respectively and the applicable international legal rules, also aims to provide a permanent settlement proposal that would be fair and equitable to both sides. Keywords : Continental shelf, bilateral disputes, delimitation, UNCLOS iii ÖZET EGE DEN ĐZĐ’NDE TÜRK YUNAN KITA SAHANLI ĞI ANLA ŞMAZLI ĞINA HUKUK Đ B ĐR YAKLA ŞIM Toppare, Nevin Aslı Yüksek Lisans, Uluslararası Đli şkiler Bölümü Tez Yöneticisi: Prof. Dr. Yüksel Đnan Mart 2006 Bu yüksek lisans tez çalı şması Türkiye ve Yunanistan arasındakı en zorlu anla şmazlıklardan biri olan, Ege Denizi’nde kıta sahanlığının iki ülke arasında sınırlandırılmasını ele almaktadır. Bu çalı şma, anla şmazlı ğın içeri ğini, Türk ve Yunan hükümetlerinin konuya yakla şımlarını ve uygulanabilecek uluslararası hukuk kurallarını ortaya koymakla beraber, her iki taraf için de adil ve hakkaniyete dayalı kalıcı bir çözüm önerisi sunmayı da amaçlamaktadır. Anahtar Kelimeler : BMDHS, ikili anla şmazlıklar, kıta sahanlı ğı, sınırlandırma iv ACKNOWLEDGEMENTS I would like to express my deepest gratitude to Prof. Dr. Yüksel Đnan who has not only supervised my study with his invaluable and constructive recommendations but also supported me through my whole graduate education in Bilkent University. It was not possible for me to complete this thesis successfully without his encouragement and his belief in me. I owe more than I can express to Assoc. Prof. Necati Polat, who has played a significant role in building up my interest in international law at the first place, which ultimately lead me towards an academic career. I would also like to thank to my family and my friends Pinar Gözen and Defne Günay for their continuous support. v TABLE OF CONTENTS ABSTRACT…………………………………………………………………... iii ÖZET……………………………………………………………..................... iv ACKNOWLEDGEMENTS……………………………………....................... v TABLE OF CONTENTS……………………………………………............... vi INTRODUCTION……………………………………………......................... 1 CHAPTER ONE: HISTORICAL BACKGROUND…………………………. 5 1.1. Greeks and Turks before the World War I…………………………… 5 1.2. Peace Treaty and a new Era………………………………………….. 6 1.3. Years of Cooperation………………………………………………… 9 1.4. Over the Waters of the Aegean………………………………………. 10 1.5. World War II and the Western Alliance…………..…………………. 12 1.6. Decline of Relations…….…………………………………………..... 13 1.6.1. Cyprus Crisis……………………………………………..…… 13 1.6.2. Continental Shelf Dispute…………………………………….. 16 CHAPTER TWO: AEGEAN SEA…………………………………………… 17 2.1.Geographical Factors…………………………………………………. 17 2.2.Bilateral Problems in the Aegean Sea ………………………………... 20 CHAPTER THREE: CONTINENTAL SHELF AS A LEGAL CONCEPT…. 24 3.1.Development of the Legal Concept of Continental Shelf…………….. 24 3.2.1958 Convention on the Continental Shelf…………………………… 26 3.3.1982 UN Convention on the Law of the Sea…………………………. 29 CHAPTER FOUR: CONTINENTAL SHELF DISPUTE BETWEEN 33 GREECE AND TURKEY………………………………….………………… 4.1.Historical Background of the Incidents………………………………. 33 4.2.Negotiations for a Settlement…………………………………………. 36 4.2.1. Talks between Governments………………………………….. 37 4.2.2. Bern Experts Meetings………………………………………... 40 4.3.Dispute in the International Scene……………………………………. 43 4.3.1. Greek Appeal to the UN Security Council……………………. 44 4.3.2. Greek Request of Indication of Interim Measures ………….... 45 vi 4.3.3. Greek application to the ICJ………………………………….. 47 4.4. From Agreement to Crisis……………………………………………. 51 CHAPTER FIVE: LEGAL CLAIMS OF GREECE AND TURKEY………... 57 5.1.Greek Point of View………………………………………………….. 57 5.2.Turkish Point of View………………………………………………… 63 CHAPTER SIX: LAW OF THE SEA IN RESPECT OF THE AEGEAN 68 CASE…………………………………………………………………………. 6.1.Geographical Dictation………………………………………………. 69 6.1.1. North-South Depression………………………………………. 70 6.1.2. Right of Islands to their Own Continental Shelf……………… 73 6.1.3. Semi-Enclosed Nature of the Aegean Sea……………………. 78 6.2.Principle of Equity and Fairness……………………………………… 79 6.2.1. Non-Encroachment…………………………………...………. 81 6.2.2. Enclave………………………………………………………... 84 6.2.3. Equality of Title………………………………………………. 85 6.2.4. Proportionality of Costal Lengths…………………………….. 87 6.3.Obligation to Negotiate……………………………………………….. 89 6.4.Case Law Regarding Delimitation of the Continental Shelf………….. 92 CONCLUSION…...…………………………………………………………... 105 SELECTED BIBLIOGRAPHY………………………………………………. 109 APPENDICES………………………………………………………………... 116 Appendix A…………………………………………………………………… 117 Appendix B…………………………………………………………………… 121 Appendix C…………………………………………………………………… 128 Appendix D…………………………………………………………………… 130 Appendix E…………………………...…………………………….………… 131 Appendix F……………………………………………………………………. 138 Appendix G…………………………………………………………………… 143 Appendix H…………………………………………………………………… 146 Appendix I…………………………………………………….………………. 147 Appendix J……………...…………………………………………….………. 148 vii Appendix K…………………………………………………………………… 149 Appendix L……...……………………………………………………………. 150 Appendix M…...……………………………………………………………… 151 Appendix N…………………………………………………………………… 152 Appendix O…………………………………………………………………… 155 viii INTRODUCTION Greece and Turkey, the two neighboring states of the Aegean Sea, share a history of cooperation as well as conflictual relations. From the mid-1950s up until today, the two states have fallen into several disagreements, some of which turned out to be major crises that brought them to the brink of war. The main source of conflict between the governments of Greece and Turkey tends to stem either from Cyprus or the Aegean Sea. These issues not only remain to be unsolved, but also result in the continuous unstable and tense atmosphere in the region. The purpose of this thesis is to deal with one of the central disputes over the waters of the Aegean: the issue of delimiting the continental shelf areas in the Aegean Sea between Greece and Turkey. The continental shelf issue should neither be considered as a simple maritime delimitation issue, nor should it be taken as a mere political issue between states striving for more territorial gains. Above all, with its unique configuration, the Aegean Sea constitutes a special maritime area that deserves a special study. No where in the whole world a similar sea exists, where many relevant factors needs to be taken into account for a just delimitation. The unstable and conflictual relationship of Greece and Turkey over the Aegean is not only a matter of bilateral political relations between the two, but is also an economic 1 one. What is striking about the issue is that, the current deadlock over the delimitation of the continental shelf areas deprives both states from making use of possible economic resources. This is because; only a permanent solution to the problem will allow both states to benefit from the natural resources from the continental shelf of the Aegean Sea. In 1976, Turkey had offered Greece the joint exploitation of the natural resources underneath the Aegean, however this had been rejected by Greece. Thus, these resources could not be used since the Bern Agreement of 1976 where Greece and Turkey agreed not to explore and exploit the reserves under the sea, which resulted in a significant economic loss. Moreover, when looked from another perspective, the continental shelf issue between Greece and Turkey is as much important for European politics. After the disintegration of the Soviet Union and along with the new political map of Europe, European Union (EU) has obliged its member and candidate states to resolve their territorial and sovereignty issues as a fundamental and indispensable condition for a conflict-free European geography. This policy was reflected in the 1997 EU Summit in Luxembourg, in which it was asked for the resolution of the Greek-Turkish disputes. As a candidate state, this put a harsh obligation on the shoulders of Turkey to show effort

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