The Aegean Maritime Disputes and International Law
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1 The Aegean Maritime Disputes and International Law YÜCELACER BA, LIM, PhD. ASHGATE
2 Contents Preface Acknowledgements Table of Abbreviations ix x xi INTRODUCTION 1 PART I: THE AEGEAN SEA IN ITS CONTEMPORARY CONTEXT 3 A. Physical Characteristics of the Aegean Sea 3 1. Geographical Features of the Aegean Sea 3 2. Socio-Economic Characteristics of the Aegean Sea 7 3. Under-Water Structure of the Aegean Sea 11 B. Legal Characteristics of the Aegean Sea Sovereignty over the Aegean Islands Demilitarised Status of Some Aegean Islands Maritime Rights in the Aegean Sea Conclusions 43 PART II: PROSPECT FOR A JUDICIAL SETTLEMENT OF THE AEGEAN MARITIME DISPUTES 45 A. Considerations Related to the Settlement of the Aegean Disputes Means and Bases of Settling the Aegean Maritime Disputes Controversies Surrounding the Settlement of the Aegean Issues 47 B. Developments Concerning Judicial Settlements Developments Between the T wo Peoples Developments Between the Govemments The Decision at the Helsinki Summit 58
3 C. Reflections For a Possibility of Judicial Settlements Prospect for Negotiated Settlements by the Year Prospect for Judicial Settlements Through the ICJ 64 PART III: THE LAW ON THE MARITIME AREAS 69 A. The Territorial Sea The Concept of the Territorial Sea and its Sea ward Extent The Rules and Principles Regulating the Delimitation of the Territorial Sea 75 B. The Continental Shelf The Juridical Concept of the Continental Shelf The Outer Limit of the Continental Shelf The Rules and Principles Governing the Delimitation of the Continental Shelf 83 C. The Exclusive Economic Zone The Concept of the Exclusive Economic Zone and its Seaward Extent The Criteria for the Delimitation of the Exclusive Economic Zone 92 D. Islands and Maritime Areas The Territorial Waters of Islands The Continental Shelf and the Exclusive Economic Zone of Islands 96 PART IV: JUDICIAL SETTLEMENT OF THE AEGEAN TERRITORIAL SEA DISPUTE 99 A. Basic Considerations Legal Arguments Raised by Greece Legal Arguments Raised by Turkey 103 B. Basic Legal Considerations as to the Dispute Law-Making in International Law and its Implications The Principles of "Good Faith" and "Abuse of Rights" in International Law ThePrincipleofEquity 124 C. The General Principles and the Breadth of the Territorial Sea Legal Challenges to Declaring a Territorial Sea Limit Considerations Relevant to the Determination of the Breadth of the Territorial Sea 133
4 D. The Applicable Principles and the Territorial Sea Limit in the Aegean Sea The Navigational and Security Considerations in the Aegean Sea Possible Extension of Greece's Territorial Sea and its Implications Turkey's Position as Persistent Objector 145 PART V: THE PARTIES' ARGUMENTS AND THE RELEVANT DELIMITATION LAW 149 A. Legal Arguments over the Aegean Continental Shelf Delimitation Arguments Raised by Greece Arguments Raised by Turkey Views Concerning the Area Relevant to the Delimitation Legal Arguments over the Delimitation of the Exclusive Economic Zone 157 B. The Delimitation Law as Applied in Practice Formulating the Equity in the Delimitation of Maritime Areas Equitable Principles and their Application "Relative Weight" to be Accorded to the Various Factors CalculationofProportionality Multi-Purpose Delimitation The Role of Islands in a Delimitation Process Sectoral Approach to the Maritime Delimitation 201 PART VI: MARITIME DELIMITATION IN THE AEGEAN SEA 205 A. Main Aspects of the Maritime Delimitation in the Aegean Sea The Framework of a Single Delimitation Line The Relevant Area and Coastlines A Sectoral Approach to the Aegean Maritime Delimitation 210 B. Equitable Delimitation in the Aegean Sea Delimitation Based on the Aegean Coastal Geography The Effect of the Aegean Islands 217 C. Other Relevant Considerations The Effect of Sea-Bed Features in the Aegean Sea The Effect of Resource-Related Factors in the Aegean Sea The Role of Security Considerations in the Aegean Sea Proportionality in the Aegean Sea 236 vu
5 CONCLUSION 241 Appendices 245 Appendix I Maps 247 Appendix II Tables 253 Bibliography 263 Index 285 Every effort has been made to trace all the Copyright holders for the maps, but if any have been inadvertantly overlooked the publishers will be pleased to make the necessary arrangements at the first opportunity.
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