Turkey's Responses to Greek Claims: Part-4

2. Territorial waters

States around the world apply the width of their territorial seas between 3-12 nautical miles. It is known that maritime states (USA, Netherlands, England, France, etc.) prefer 3 miles, whereas Bulgaria, Romania, Greece, Turkey and Israel use 6 miles.

What is the Territorial Waters Problem between Turkey and Greece?

In 1923, the 6th and 12th articles of the Treaty of Lausanne did not directly mention the width of the territorial waters, but included the expression "3 miles from the coast". Thus, the territorial sea between the two countries began to be implemented as 3 miles. However, in 1936, Greece unilaterally extended its territorial waters to 6 miles. 28 years after this decision of Greece, in 1964, Turkey also increased its territorial waters to 6 miles, and today's territorial waters regime became valid in the Aegean. Currently, the open seas (international waters/international airspace) constitute 48.85% of the Aegean Sea (and its airspace), Greek territorial waters 43.68% and Turkish territorial waters 7.47%. Even in this state, Greece has territorial waters in the Aegean 6 times the size of Turkey.

The reason why Turkey said "no" to the possibility of the Greek territorial waters extending to 12 miles was primarily due to geopolitical realities. Turkey, whose consent should not be even 6 miles under normal conditions, will face the situation that if its territorial waters are 12 miles, the share of Greek territorial waters in the Aegean Sea will be 71.5% instead of 43.5%. Turkish territorial waters will be 8.7% instead of the current 7.5%.

Greek Claim:

1) Article 3 of the United Nations Convention on the Law of the Sea authorizes countries to extend their territorial seas up to 12 miles. Since Greece signed the convention, it has the right to extend its territorial waters up to 12 miles in the Aegean. The fact that Turkey does not sign the convention should not hinder this authority of Greece. Greece has no objection to Turkey's extension of its territorial waters to 12 miles.

2) Greece has the right to extend its territorial waters over 6 miles to its islands, which are part of its political and territorial integrity, without making any distinction from the main continent. Extending its territorial waters to a width of 12 miles everywhere, including its islands, falls under the sovereignty of Greece as a coastal state.

Invalidity of Claims:

1) There is no general and universally applicable international rule regarding the width of the territorial sea. In terms of Lausanne, the territorial waters are already 3 miles at most as customary. In the Treaty of Lausanne, there is no record that the territorial sea is 3 miles, and only the statement "The islands within the area up to 3 miles from their coasts belong to Turkey".

By increasing its territorial waters to 6 miles in 1936, Greece unilaterally disturbed the balance of Lausanne, violating the treaty.

At that time, Turkey remained "silent" to this unilateral Greek decision, with the thought of not disrupting the "friendship" environment built between the two countries in 1930 and not creating a new tension. Upon the spread of the tension between the two countries due to Cyprus to the Aegean, within the framework of the "Territorial Seas Law" enacted on May 15, 1964, Turkey also increased its territorial waters from 3 miles to 6 miles in the Aegean Sea. As of now, it is obvious that exceeding the 6-mile territorial water application implemented by both countries in the Aegean will harm Turkey's rights and interests in all respects.

The extension of Greece's territorial waters to 12 miles is also against the principle of "the right cannot be abused", which is included in article 300 of the UN Convention on the Law of the Sea, which Turkey signed but is not a party to. Due to its special situation, Turkey stated at the 3rd Conference on the Law of the Sea in Caracas that 'the width of the territorial sea cannot be a general rule that can be applied in all regions of the world' and has preserved its thesis and attitude on this issue since then. Considering that Turkey has clearly put forward its thesis in the negotiations of the UN Convention on the Law of the Sea, Greece, which interprets this convention according to its own interests; Despite Turkey's thesis that it has declared to the international public, it is unacceptable that Turkey decided to extend its territorial waters to 12 miles.

2) Increasing territorial waters in the Aegean beyond 6 miles means a reduction in open sea areas and restriction of free navigation rights. This situation, which restricts maritime and aviation activities, is also against the other countries that use the Aegean Sea besides Turkey.

Such a decision, which will result in the loss of almost all of the resources in the Aegean Sea to Greece, will make it almost impossible for the Turkish Naval Forces to exit and pass from the Aegean to the Mediterranean through international waters. The same will be true for the Turkish Air Force. It will be necessary to obtain a "Greek permit" for even conducting exercises in this sea and in the airspace above it, and the Aegean will become a Greek lake.

At the 3rd Sea Law Conference of Turkey, it was declared that the Aegean is a special sea and that it should be a sea where some special rules should be applied apart from the general rules. Therefore, Greece cannot unilaterally increase its territorial waters beyond 6 miles in the Aegean.

alleged by Greece; The claim that the authority to determine the maximum extension of territorial seas in the Aegean falls under the sovereignty of the coastal state has to be fully dependent on the principle that "it can only be valid unless other states object to this". The decisions of the International Court of Justice in the Fisheries Jurisdiction Case between England and Norway in 1951 and between England and Iceland in 1973 can be given as an example to this situation.

The delimitation of maritime areas always has an international aspect. A decision concerning international waters cannot be taken by any state only in accordance with its own domestic law. Although such a limitation, aimed at maximizing Greece's own rights and interests, may come into force with a unilateral decision as a coastal state, the validity of such a decision and limitation in terms of third states (including Turkey) concerns international law.

Such a decision limiting Turkey's rights and interests in the Aegean cannot be accepted by Turkey for this reason, and as per the decision taken by the Turkish Grand National Assembly in 1995, the increase of Greece's territorial waters beyond 6 miles is a cause of war for Turkey. has been accepted as

How Was the Casus Belli (Cause of War) Decision Taken?

Since Turkey has serious concerns against the idea of ​​extending Greece's territorial waters to 12 miles in the Aegean, it has begun to see the possibility of this happening as a spy-bel (a reason for war). The decision to count it as a cause of war was first mentioned by the Minister of Foreign Affairs İhsan Sabri Çağlayangil in a letter to the US Secretary of State Henry Kissinger on April 15, 1976. The following statements are included in the letter:

“The main aim of the Greek government is to create a fait accompli by extending the territorial waters to 12 miles and thereby gaining a political victory over Turkey. Such a move would turn the Aegean Sea into a Greek lake and, as a result, effectively abolish Turkey's natural and established traditional rights in this sea. This situation will not leave Turkey an option other than to consider such a development as a reason for war.”

After the entry into force of the UN Second Convention on the Law of the Sea on 6 November 1994, the debates between Turkey and Greece on territorial seas came to the fore again.

After Greece signed the 1982 UN Maritime Convention on May 31, 1995 (Greece has signed this convention, to which Turkey is not a signatory, in order to use its right to extend its territorial waters from 6 miles to 12 miles), the tension between the two countries again reached its highest level. Greece ratified the Law of the Sea Convention on 21 July 1995.

In response to the parliamentary decision on June 1, 1995 that Greece can increase its territorial waters to 12 miles, on June 8, 1995, the Turkish-Greek Relations on the Turkic-NATO Axis to 771, the Grand National Assembly declared to the government that if Greece extends its territorial waters to 12 miles (including military ones) gave full authority to take action. The GNAT drew attention to the fact that a decision taken by Greece in this direction would violate Turkey's vital interests in the Aegean Sea. With a decision it has taken, the TGNA has authorized the government to take all necessary measures, including military measures, in such a case.

In a letter sent to the UN on 21 December 1995, Turkey declared to the world public its opinion that it would not legitimize any unilateral action against its rights and interests in the Aegean Sea.

Conclusion:

The basic view of Turkey regarding the width of its territorial waters has not changed, and it does not hesitate to bring up the expansion of its territorial waters to 12 miles, when Greece feels strong, when the elections are approaching, and when it receives support in its foreign policy. If it takes the risk of war and activates a decision in this direction, Turkey certainly has the power and will to give the necessary answer in the only language that Greece can understand.

(To be continued)