For those who are not familiar with the conflict between Turkiye and Greece (
O kadar yazdim okumamazlik etmeyin sakin
)
UN 3rd Law of the Sea Article discusses detection limit of the territorial waters of a state's right on the 3rd Convention: "Every State has the right to determine the width of territorial waters. This width, determined in accordance with this contract
shall not exceed the basic lines from the 12 nautical miles. "
Greece, on the basis of this article, claims "using their own domestic law and the independent will" she can increase the limits of territorial waters from 6 to 12 miles.
Turkiye, however, argues that the provision of the UN Convention width of 12 miles is an "
upper limit". In this regard, the provision of a state based on the use of this application to determine the width of the territorial waters, is also an international matter. Indeed, a decision taken by the International Court of Justice, "the limitation of sea areas
has always an international aspect. This decision cannot depend on a state`s will and in the form of only the coastal state's domestic law. Although only the coastal State is entitled to do so because of the limiting process is not necessarily in a one-sided process,
in turn, in terms of third states to limit the validity of these concerns of international law."
If Greece emits the boundaries of the national territorial waters in the Aegean from 6 to 12 miles, Turkiye,
on the basis of international law, have the right to
not recognize this application. Turkish response is well known to Greek attitude in this matter; therefore, unilateral decision by Athens is not accepted by Ankara. The Turkish attitude for this matter is a "customary".
According to Greeks, UN 3rd Law of the Sea Article on 3rd Convention which refers 12 miles limit, gradually is
accepted by all states. For Greeks, it is a "common law rule of international law", a "customary" (rule of customary).
However, according to Turkiye, the maximum limit of the territorial waters of the United Nations Convention on the Law of the Sea of 12 miles might be a rule,
though there are states in the practical application of the national territorial waters apply different widths criteria for determining. For example, the 20 states apply 3 miles, 2 states 4 miles, 4 states 6 miles, 81 states 12 miles, 1 state 15 miles, 1 state 20 miles, 2 states 30 miles, 2 states 35 miles, 4 states 50 miles, 1 state 70 miles, 1 state 100 miles, 1 state is 200 miles wide, and 13 states have 150 miles borders with the national territorial waters. As it can be seen, there is not a clear “customary” over 12 mile rule. Every state determines their boundaries of the national territorial waters based on their own conditions and matters.
Airspace
Rules of international law says for the sovereignty of states’ rights as "a state's sovereignty covers
national territory,
territorial sea, and
all this land where make up the coast, and
the air space above these areas". So,
limit of the territorial waters of a state have to be the same as the width of the national air space and the rights of states` sovereignty is accepted over those areas.
Today, Greece claims
her national air space width as 10 miles,
although width of her national territorial waters in the Aegean is 6 miles. This practice is
contrary to the rules of international law.
Turkiye claims that
based on the 1944 Chicago Convention Greece
cannot extend her a national air space
beyond the limits of the territorial waters. According to this view, the sovereignty of a state for the width of the air space can be seen over the territorial waters. Thus, the territorial waters of Greece, 6 miles, only provide an air space of 6 miles and outside the 6 miles area is fully international air space.
Indeed,
international law does not grant the right to coastal state to declare different widths for the territorial waters for different purposes. It can be mentioned the principle of equivalence between territorial waters and airspace. This way, the 1958 Geneva Convention on the 2nd Open Sea and 87/1/B Article of the 1982 Law of the Sea Convention stipulates freedom of airspace on the open sea. Similarly, the International Civil Aviation Organization (ICAO) Council made a decision in April 1948 that only the deep-sea regime can be applied in the air space above the open sea.
@
amalakas
I am sure you know very well what happened in the past when your country unilaterally acted. As you are aware, today we are much more stronger than past and you are much more weaker than your past. I do not think Greece will act unilaterally unless she has got some foreign supports. However, even with foreign support Turkiye will do everything to prevent this, even it means "war" (like she did in Cyprus).
So it would be better sit and agree upon this matter so both nation will get benefit from it. Other option is not possible.
