The Troubled Situation of the Aegean Territorial Waters

Abstract

This article deals with the delimitation and extent of territorial waters in the Aegean on the bases of law and equity. The article also reviews the legal status of the Imia rocks.

When determining the breadth of territorial waters, states do not have absolute discretional power. They are bound to use their power in conformity within the rules of international law and on the bases of justice and equity while taking into account all relevant factors, including the interests of the international community since delimitation and extension have always been of an international nature. Indeed, the judgements of the ICJ confirm this principle of international law.

The Aegean Sea does have very special circumstances due to the islands, islets and rocks, which altogether exceed three thousand. Consequently, the coastal states –especially Greece- ought to take this special feature into consideration when delimiting or determining the breadth of their territorial waters. As the Greek representative, Kripsis, expressly stated in 1958, any extension of territorial waters by Greece beyond six miles would close the whole Aegean to the international community. For this reason, such a move would be an abuse of rights. Besides, by extending its territorial waters by any means, Greece would be acquiring new territories and sea areas in the Aegean in a spirit contrary to law and equity. Such an extension, according to the authors, would also overlap with Turkey’s ipso facto and ab initio rights over its continental shelf areas.