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Turkish Foreign Minister Mevlut Cavusoglu on Wednesday warned Greece against extending its territorial waters in the Aegean Sea, adding that Ankara “will not accept a fait accompli that has kept Turkey trapped in its coastline.”
Is this a legitimate dispute?
According to the UN Convention on the Law of the Sea (UNCLOS), Greece has the right to extend its territorial waters to 12 nautical miles. Territorial waters are considered to be part of the country’s national territory.
This right to extend territorial waters to up to 12nm is a sovereign right which can be unilaterally exercised and is therefore not subject to any kind of restriction or exception & cannot be disputed by third countries.
The overwhelming majority of coastal states, except for a few exceptions, have determined the breadth of their territorial sea at 12 nautical miles. Turkey itself has extended its territorial waters to 12 nautical miles in the Black Sea and the Mediterranean already since 1964.
Virtually all coastal states abide by UNCLOS except Turkey who claims to be a persistent objector to the conclusions of the treaty; However,by extending its territorial sea to 12nm in other regions,Turkey negated the strict requirement which the rule in question is subjected to.
By benefiting from the rule itself, to which, allegedly it objects, a State loses its right to be considered as a ‘persistent objector’ in this regard.
Turkish claim that the extension of the Greek territorial sea will deprive Turkey from its fundamental rights, such as access to the high seas, is untenable. Under the Law of the Sea, the right of innocent & transit passage is fully safeguarded and even expanded.
Even if Greece extends its territorial sea to the fullest possible extent, i.e. 12 nm in the Aegean Sea, Turkey may still enjoy its rights under int. law, including its own right to extend its territorial sea; for the overlapping areas there should be delimitation process.
The breadth of Greece’s territorial sea was set at 6 nautical miles from the natural coastline in 1936 however, the limit of 10 nautical miles of territorial sea regarding national airspace was explicitly maintained, based on previous legislation (Decree of 6 September 1931)
During ratification of the United Nations Convention on the Law of the Sea (Law 2321/1995), Greece stated explicitly that it reserves the right to exercise this right to extend its territorial waters at any point in time.
In reaction to this legitimate position of Greece, the Turkish National Assembly issued a resolution on 8 June 1995 granting the Turkish government full & perpetual competence to declare war (casus belli) should Greece decide to extend its territorial waters over 6nm.
This stance on the part of Turkey is a blatant violation of the fundamental principles of the UN Charter on refraining from the threat or use of force, on the peaceful resolution of disputes and on good neighbourly relations and peaceful coexistence (Preamble).
It concurrently undermines the allied relations which should exist between states belonging to the same Alliance and goes against the basic principles on which NATO is founded (articles 1 and 2 of the North Atlantic Treaty).
Despite Turkey’s threats that the extension of Greek territorial waters is a cause of war, Athens has not moved from its longstanding position that the expansion of territorial waters to 12 nautical miles is an inalienable sovereign right.
Greek Foreign Minister, Nikos Dendias reiterated that Greece’s right to expand its territorial waters is a non-negotiable sovereign right and that Turkey must respect int. law; “We do not have to negotiate with another country to expand our territorial waters”
Turkey remains an intransigently belligerent actor in the Eastern Mediterranean and its reckless disregard for international law must be condemned.
Is this a legitimate dispute?
According to the UN Convention on the Law of the Sea (UNCLOS), Greece has the right to extend its territorial waters to 12 nautical miles. Territorial waters are considered to be part of the country’s national territory.
This right to extend territorial waters to up to 12nm is a sovereign right which can be unilaterally exercised and is therefore not subject to any kind of restriction or exception & cannot be disputed by third countries.
The overwhelming majority of coastal states, except for a few exceptions, have determined the breadth of their territorial sea at 12 nautical miles. Turkey itself has extended its territorial waters to 12 nautical miles in the Black Sea and the Mediterranean already since 1964.
Virtually all coastal states abide by UNCLOS except Turkey who claims to be a persistent objector to the conclusions of the treaty; However,by extending its territorial sea to 12nm in other regions,Turkey negated the strict requirement which the rule in question is subjected to.
By benefiting from the rule itself, to which, allegedly it objects, a State loses its right to be considered as a ‘persistent objector’ in this regard.
Turkish claim that the extension of the Greek territorial sea will deprive Turkey from its fundamental rights, such as access to the high seas, is untenable. Under the Law of the Sea, the right of innocent & transit passage is fully safeguarded and even expanded.
Even if Greece extends its territorial sea to the fullest possible extent, i.e. 12 nm in the Aegean Sea, Turkey may still enjoy its rights under int. law, including its own right to extend its territorial sea; for the overlapping areas there should be delimitation process.
The breadth of Greece’s territorial sea was set at 6 nautical miles from the natural coastline in 1936 however, the limit of 10 nautical miles of territorial sea regarding national airspace was explicitly maintained, based on previous legislation (Decree of 6 September 1931)
During ratification of the United Nations Convention on the Law of the Sea (Law 2321/1995), Greece stated explicitly that it reserves the right to exercise this right to extend its territorial waters at any point in time.
In reaction to this legitimate position of Greece, the Turkish National Assembly issued a resolution on 8 June 1995 granting the Turkish government full & perpetual competence to declare war (casus belli) should Greece decide to extend its territorial waters over 6nm.
This stance on the part of Turkey is a blatant violation of the fundamental principles of the UN Charter on refraining from the threat or use of force, on the peaceful resolution of disputes and on good neighbourly relations and peaceful coexistence (Preamble).
It concurrently undermines the allied relations which should exist between states belonging to the same Alliance and goes against the basic principles on which NATO is founded (articles 1 and 2 of the North Atlantic Treaty).
Despite Turkey’s threats that the extension of Greek territorial waters is a cause of war, Athens has not moved from its longstanding position that the expansion of territorial waters to 12 nautical miles is an inalienable sovereign right.
Greek Foreign Minister, Nikos Dendias reiterated that Greece’s right to expand its territorial waters is a non-negotiable sovereign right and that Turkey must respect int. law; “We do not have to negotiate with another country to expand our territorial waters”
Turkey remains an intransigently belligerent actor in the Eastern Mediterranean and its reckless disregard for international law must be condemned.
