By Georgios Chamilakis
The Territorial Sea, also called Territorial Waters, constitutes a zone of sovereignty of a coastal state. The 2 phrases are interchangeable and do specific, in essence the identical factor. This sovereignty is large sufficient to cowl, sea, the underside of the ocean and seabed, and even the aerial area, which constitutes a special zone, the Nationwide Airspace1. Having mentioned that, the width of the 2 zones, the territorial sea and the airspace have to be the identical. In keeping with the primary few articles of the United Nations Conference on the Legislation of the Sea (UNCLOS 1982), a treaty that constitutes the cornerstone of the Worldwide Legislation of the Sea, the territorial sea of the state could have a most width of 12 nautical miles2. It is a sovereign proper that may be exercised by the state unilaterally, that means that the state doesn’t want the consent of some other nation to train this proper. So as to add to that, even when a state has not signed the UNCLOS, the regulation nonetheless ought to be in energy, because the 12 nautical miles regulation additionally constitutes a part of customary worldwide regulation. What ends in a violation of worldwide regulation a state claiming a maritime space of sovereign waters past the 12 nautical miles from its shoreline3, no matter ratifying UNCLOS.
Earlier than additional elaborating on the main points relating to the Territorial sea and the Greco-Turkish confrontation on the matter, you will need to word a sure reality. It has already been mentioned {that a} nation does train its sovereignty in its territorial waters. The notion of sovereignty is of nice significance and weight in Worldwide Relations, in addition to in Worldwide Legislation, though admittedly it’s not simple to outline what precisely it means, particularly when a phrase is both wrongly used or overused in public dialogue. Philosophers, similar to Thomas Hobbes, the creator of the Leviathan and Jean Jacque Rousseau, the creator of the Social Contract have contributed to the essence of the definition of sovereignty inter alia. The up to date notion of sovereignty, nonetheless, comes from the Treaty of Westphalia (1648). To make it easy, wherever the state has sovereignty over a territory, it will possibly train its legislative, government, and judicial powers. Therefore, the sovereignty is absolute (it’s exercised solely from a state and never from one other state as a result of in that occasion the sovereignty can be partial). On condition that the Territorial Sea is a maritime zone onto which the coastal state initiatives its sovereignty, this maritime zone doesn’t differ a lot from any continental land throughout the state. Consequently, the state doesn’t merely train a number of sovereign rights on Territorial Waters, however its full sovereignty. Subsequently, an important distinction have to be highlighted, the place Territorial Sea and Nationwide Airspace represent a part of the sovereignty of a state, and these two zones clearly and distinctly differentiate from sovereign rights’ zones, similar to Unique Financial Zone (EEZ), Continental Shelf and FIR the place the state workout routines just some sovereign rights and assumes a number of obligations.
The one potential restrict to the train of the state’s sovereignty throughout the Territorial Sea, is the one set by the best of Harmless Passage. This exemption, other than being a rule established by the article 17 of UNCLOS, can be supported by customary worldwide regulation; the truth is being one of the widely known and accepted guidelines, one that’s consequently binding for all states4. In lots of situations this has been confirmed by worldwide jurisprudence, whereas it has additionally been acknowledged as customary regulation in one of many first instances introduced to the Worldwide Court docket of Justice, particularly the Corfu Straits case5. Based mostly on this proper, a vessel could move by means of the Territorial Sea of a state with out asking for that coastal state’s permission beforehand. For this to use, the passage shall be steady and expeditious whereas on the similar not being prejudicial to the peace, public order, or safety of the coastal State6.
On the subject of the Greco-Turkish disputes. As it’s maybe identified, Greece maintains a territorial sea zone to the vary of 6 n.m. This makes it the one case the place a coastal state (of 149 on the earth) which has the best of extending it to 12 n.m. , chooses to remain on the vary of 6 n.m. alongside your complete shoreline. Professor E. Syrigos (Ε. Συρίγος) has characterised that is distinctive scenario as “our nationwide solitude”7. The announcement by Prime Minister Ok. Mitsotakis on 28/8/2020 relating to upcoming laws which extends the present margin of the territorial sea to 12 n.m. in direction of the Ionian Sea, is a step which modifications the outdated image of Greece’s inertia relating to this particular matter8. Turkey had already introduced since 1974, even earlier than the autumn of the Greek dictatorship on the time, that the act of the extension of the territorial waters to the utmost vary of 12 n.m. can be perceived as a explanation for conflict (Casus Belli)9. This place set by Turkey later turned of an much more reactive nature because the extension to any vary even past the restrict of 12 n.m. would nonetheless be considered a casus belli10. In 1995, the Turkish Parliament coated this assertion with a authorized veil, because it turned a part of its legislature11. This occurred although trough this fashion, Turkey threatens indefinitely Greece with using power, subsequently breaching the Worldwide Legislation and significantly one of many first and most elementary articles, particularly article 2 (4) of the UN Constitution12.
Turkey has been trying for the reason that mid-Nineteen Seventies and throughout the year-lasting multilateral negotiations (1973-1982) for the UNCLOS to comprise a selected provision for the Territorial Waters of the states which can be located in an enclosed or semi-enclosed sea, such because the Aegean13. On the finish, the desire of the remainder of the states, which constituted a major majority of the worldwide group, prevailed. Thus, the best of a state to 12 n.m. of Territorial Waters is allowed for all of the maritime areas of a rustic, and pursuant to article 121 of UNCLOS, even the islands of a state have the best to all of the maritime zones (Territorial Waters, EEZ, Continental Shelf, although for the latter two it’s required that the islands can maintain human habitation or financial life) similar to it happens on continental soil. Turkish place is that not all islands have a proper to Territorial Waters. (To be famous, the regulation that islands can have Territorial Waters is a part of customary worldwide regulation and has been utilized for many years previous to UNCLOS)14.
Turkey, as of 2020, has Territorial Waters of 12 n.m on the Black Sea and at Japanese Mediterranean Sea alongside the coast of Anatolia, whereas it maintains a breadth of 6 n.m. on the Aegean Sea15. The Turkish place, expressed in Casus Beli, that Greece should not prolong its Territorial Waters to 12 n.m., derives from the big quantity and the nice dispersion of Greek islands within the Aegean Sea. In keeping with Turkey, a possible extension of the Greek Territorial Sea would flip the worldwide maritime routers on the middle and on the south a part of the Aegean Sea (the island teams of Cyclades and the Dodecanese) to Greek sovereignty, Thus, any vessel with a 3rd celebration flag can be obliged to train Harmless Passage (because it was famous herein) to transition these areas. Other than Turkey, different states have expressed their doubts to a possible change of the breadth of excessive seas to Greek sovereign waters, similar to the usA., Russia and the U.Ok.. These states invoke causes that relate to the limitation of worldwide maritime navigation. Nonetheless, provided that the best to Harmless Passage might apply, and provided that Greece has one of many giant service provider fleets globally, Greece would have a disincentive to delimitate its maritime zones in a approach that restrict worldwide navigation16. It must be famous, {that a} potential improve of the Greek territorial waters to 12 n.m in all of the maritime areas would render 71.5% of the entire sea space of the Aegean as Territorial Sea of Greece (the present proportion is 43.5% for six n.m. in all places). A possible improve of Turkish Territorial Waters to 12 n.m. within the Aegean would imply a rise for Turkey to solely 8.7% from 7.5%, of the entire sea space of the Aegean17.
Determine 1 Greek and Turkish Territorial Waters at 6 n.m. on the Aegean Sea. (present scenario) and Territorial Waters of 12 n.m. (potential scenario, a proper that’s derived from Worldwide Legislation). Supply: ‘’energeia.gr’’, https://www.energia.gr/artic
A few of the arguments (authorized and political) that Turkey invokes are the next: Firstly, {that a} potential extension of Greek Territorial Waters to 12 n.m. in all places would render the Aegean Sea to a ’Greek Lake’, with all of the vesels that depart from western Asia Minor to be obliged to train the best of harmless passage or to ask for a previous permission from Greece18. Secondly, Turkey invokes article 300 of UNCLOS which relations to the abuse of rights from a state. Nonetheless, there doesn’t exist a documented case the place a state that workout routines legally the rights that the worldwide regulation gives and which don’t prohibit one other state (on this occasion, Turkey wouldn’t be restricted provided that turkish vessels might train the best of harmless passage) had been interpetred as an abuse of proper19. Furthermore, Turkey invokes article 123 of UNCLOS, in line with which pertains to adjoining international locations in enclosed or semi-encloed seas ought to cooperate amongst them20. This authorized argument can simply be rendered invalid, provided that UNCLOS particularly mentions and exhausts the mentioned cooperation between states for points associated to the safety of the atmosphere, the administration of dwelling creatures and at analysis of the ocean21. The UNCLOS doesn’t embody a provision that predicts cooperations within the exercising of rights that may be exercised unilaterely from a coastal state.
Initially Printed at HuffPost Greece (in Greek), August 28, 2020: https://www.huffingtonpost.gr/entry/ti-einai-ta-chorika-edata-kai-poies-oi-ellenotoerkikes-diafores_gr_5f48b047c5b64f17e13bab43
Bibligraphy and Sources
1 Ευ. Συρίγος, Αθ. Ντόκος, «60 χάρτες που εξηγούν τις διαφορές Ελλάδας-Τουρκίας, Τουρκικές διεκδικήσεις σε Αιγαίο και Ανατολική Μεσόγειο, Αλφαβητάρι των ελληνοτουρκικών σχέσεων», Η Καθημερινή (2020), 92.
2 ’United Nations Conference on the Legislation of the Sea’’, Opened for signature 10 December 1982. https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf, Article 3.
3 Κ. Ιωάννου, Α. Στρατή, Δίκαιο της Θάλασσάς, (Αθήνα: Νομική Βιβλιοθήκη, 2013), 66.
4 Κ. Ιωάννου, Α. Στρατή, Δίκαιο της Θάλασσάς, 67.
5 Ok. Hakapää, “Harmless Passage”, Oxford Public Worldwide Legislation (2013).
6’United Nations Conference on the Legislation of the Sea’’, Articles 17-26 and Κ. Ιωάννου, Α. Στρατή, ΔίκαιοτηςΘάλασσά68.
7 Ευ. Συρίγος, «Ελληνοτουρκικές Σχέσεις», (Αθήνα: Εκδόσεις Πατάκη), 2016, 749.
8 ‘’News247”, https://www.news247.gr/politiki/mitsotakis-i-ellada-epekteinei-tin-aigialitida-zoni-pros-dysmas-apo-ta-6-sta-12-milia.7702455.html
9 Ευ. Συρίγος, «Ελληνοτουρκικές Σχέσεις», 254.
10 Ibid.
11 Ευ. Συρίγος, Αθ. Ντόκος, «60 χάρτες», 92.
12 “United Nations Constitution”, Opened for Signature 26 June 1945. https://www.un.org/en/sections/un-charter/chapter-i/index.html Chapter I, Article 2.
13 Ευ. Συρίγος, «Ελληνοτουρκικές Σχέσεις», (Αθήνα: Εκδόσεις Πατάκη, 2016), 256.
14 “United Nations Constitution, Article 121.
15 Ευ. Συρίγος, Αθ. Ντόκος, «60 χάρτες», 92.
16 Κ. Ιωάννου, Α. Στρατή, Δίκαιο της Θάλασσάς, 85.
17 Ibid.
18 Ευ. Συρίγος, «Ελληνοτουρκικές Σχέσεις», (Αθήνα: Εκδόσεις Πατάκη), 2016, 257.
19 Ibid 260-262.
20 “United Nations Constitution”, 123.
21 Ευ. Συρίγος, «Ελληνοτουρκικές Σχέσεις», (Αθήνα: Εκδόσεις Πατάκη, 2016, 260. Για μια ενδελεχή απαρίθμηση των τουρκικών επιχειρημάτων σχετικά με την Αιγιαλίτιδα, αλλά και κριτική επί αυτών βλ. ibid, 257-263.
