16
AEGEAN SEA
(JUDGMENT)
The Secretariat, in a memorandum of 4 May 1948, had provided a list of
the States which up to 31 July 1946 had acceded to the 1928 Act and that
list included both Greece and Turkey. The publication Multilateral treaties
in respect of which the Secretary-Generalperforms depositaryfunctions-List
of signatures, notifications, accessions, etc., as ut 31 December 1977 lists
Greece and Turkey.
38. The question of the status of the General Act of 1928 as a convention in force for the purpose of Article 37 of the Statute of the Court has
already been raised, though not decided, in previous cases before the
Court. In the Nuclear Tests cases Australia and New Zealand each took the
position that the 1928 Act continues in force for States whch have not
denounced it in conformity with Article 45 of the Act, whereas France
informed the Court that, as a result of the dissolution of the League of
Nations, it considered the Act to be no longer in force (1.C.J. Pleadings,
Nuclear Tests, Vol. II, p. 348). Similarly, in the Trial of Pakistani Prisoners
of War case, Pakistan invoked the 1928Act as a basis for the exercise of the
Court's jurisdiction in that case, whereas in a letter to the Court, the
respondent State, India, stated that the 1928 Act "is either not in force or,
in any case, its efficacy is impaired by the fact that the organs of the League
of Nations and the Permanent Court of International Justice to which it
refers have now disappeared" (I.C.J. Pleadings, Trial of Pakistani Prisoners
of War, p. 143). The Court also has cognizance of the fact that on 10 January 1974 the Secretary-General of the United Nations received a communication from the Government of the French Republic reaffirming its view
as stated above, and notifying him that, with respect to any State or any
institution that might contend that the General Act is still in force, the
letter was to be taken as constituting a denunciation of the Act in conformity with Article 45 thereof. The Court is further aware that in a letter to
the Secretaq-General, received on 8 February 1974, the United Kingdom,
after referring to the fact that doubts had been raised as to the continued
legal force of the General Act, gave notice of its denunciation of the Act in
accordance with Article 45, paragraph 2, in so far as it might be considered
as still in force, and that by a notification of 15 September 1974 India
informed the Secretary-General that it had never regarded itself as bound
by the Act since its independence, whether by succession or otherwise. At
the same time, the Court observes that a considerable number of other
States, listed by the Secretary-General as at 31 December 1977 as having
acceded to the Act, have not up to the present date taken steps to denounce
it nor voiced any doubts regarding the status of the Act today.
39. Although under Article 59 of the Statute "the decision of the Court
has no binding force except between the parties and in respect of that