39
AEGEAN SEA
(JUDGMENT)
"The joint communiquéof Brussels of 31 May 1975,which followed
previous exchange of views, States that the Prime Ministers of Greece
and Turkey have decided that the problems dividing the two countries
should be resolved peacefully 'et, au sujet du plateau continental de la
mer Egée, par la Cour internationale de La Haye'. The two Governments thereby jointly and severally accepted the jurisdiction of the
Court in the present matter, pursuant to Article 36 (1) of the Statute of
the Court."
95. The Brussels Communiqué of 31 May 1975 does not bear any
signature or initials, and the Court was informed by counsel for Greece
that the Prime Ministers issued it directly to the press during a press
conference held at the conclusion of their meeting on that date. The
Turkish Government, in the observations which it transmitted to the Court
on 25 August 1976, considered it "evident that a joint communiqué does
not amount to an agreement under international law", adding that "If it
were one, it would need to be ratified at least on the part of Turkey"
(para. 15). The Greek Government, on the other hand, maintains that a
joint communiqué may constitute such an agreement. To have this effect,
it says, "It is necessary, and it is sufficient, for the communiqué to
include-in addition to the customary forms, protestations of friendship,
recital of major principles and declarations of intent-provisions of a
treaty nature" (Memorial, para. 279). Counsel for Greece, moreover, referred to the issue of joint communiqués as "a modern ritual which has
acquired full status in international practice".
96. On the question of form, the Court need only observe that it knows
of no rule of international law which might preclude a joint communiqué
from constituting an international agreement to submit a dispute to arbitration or judicial settlement (cf. Arts. 2, 3 and 11 of the Vienna Convention on the Law of Treaties). Accordingly, whether the Brussels Communiqué of 31 May 1975 does or does not constitute such an agreement
essentially depends on the nature of the act or transaction to which the
Communiqué gives expression; and it does not settle the question simply to
refer to the form-a communiqué-in which that act or transaction is
embodied. On the contrary, in determining what was indeed the nature of
the act or transaction embodied in the Brussels Communiqué, the Court
must have regard above al1 to its actual terms and to the particular
circumstances in which it was drawn up.
97. The relevant paragraphs of the Brussels Communiqué read as
follows:
"In the course of their meeting the two Prime Ministers had an
opportunity to give consideration to the problems which led to the
existing situation as regards relations between their countries.
They decided [ont décidé] that those problems should be resolved
[doivent être résolus] peacefully by means of negotiations and as