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AEGEAN SEA
(JUDGMENT)
which were also specifically "excluded from the procedures described in
the General Act".
55. In any event, "the Court cannot base itself on a purely grammatical
interpretation of the text" (Anglo-Iranian Oil Co., I. C.J. Reports 1952,
p. 104). A number of considerations of a substantive character point
decisively to the conclusion that resemation (b) in fact contained two
separate and autonomous reservations. One is that the making of reservations to the General Act was expressly authorized and regulated by
Article 39, which allowed only the reservations "exhaustively enumerated"
in paragraph 2 of the Article, namely:
"(a) Disputes arising out of facts prior to the accession either of the
Party making the reservation or of any other Party with whom the
said Party may have a dispute;
(b) Disputes concerning questions which by international law are
solely within the domestic jurisdiction of States;
(c) Disputes concerning particular cases or clearly specified subjectmatters, such as territorial status, or disputes falling within clearly
defined categories."
When a multilateral treaty thus provides in advance for the making only of
particular, designated categories of resemations, there is clearly a high
probability, if not an actual presumption, that reservations made in terms
used in the treaty are intended to relate to the corresponding categories in
the treaty. Nor does the fact that the instrument of accession includes in a
single paragraph two categories of disputes which are listed in the treaty as
separate categories, by itself, in any way dirninish that probability. When
making resemations under the General Act, States have not, as a rule,
meticulously followed the pattern of resemations set out in Article 39,
paragraph 2; and they have not infrequently grouped together in one
paragraph two or more reservations listed separately in the Act.
56. In the present instance, the very structure of reservation (b) hardly
seems consistent with an intention to make "disputes relating to the
territorial status of Greece", which are placed by the General Act in one
category, merely an example of disputes concerning questions of domestic
jurisdiction, which are placed by the Act in a quite different category. If
that had been the intention at the time, it would have been natural for those
who drafted Greece's instrument of accession to put the words y compris
(including) where the words et, notamment, (and in particular) in fact
appear in reservation (b) and the words et, notamment, where the words y
compris are now found. But that is not how resemation (b) was
drafted.
57. A further consideration is that Greece's declaration accepting
compulsory jurisdiction under the optional clause of the Statute of the
Permanent Court contained a provision which, indisputably, was an
autonomous resemation of "disputes relating to the territorial status of
Greece". That declaration, made on 12 September 1929, only two years
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