Government expressed the view that since negotiation was in any case
necessary in order to proceed with the drafting of the special agreement, it
was understood that if in the course of that negotiation proposals were
made for the elimination of points of disagreement concerning delimitation, those proposals would be given appropriate consideration. In accordance with the views expressed in the above communications, meetings of
experts took place in Berne from 31 January to 2 February and on 19 and
20 June 1976, but no agreement was reached.
22. On 13 July 1976 a Turkish Government press release was issued
concerning researches that would be undertaken by the Turkish seismic
research vessel Mta-Sismik I in the Turkish territorial sea and the high
seas, and in a statement on Turkish radio on 24 July 1976 the Turkish
Foreign Minister indicated that these researches would be carried out in
the areas of the Aegean claimed by Turkey, and could extend to al1 areas of
the Aegean outside the territorial waters of Greece. When the vessel
pursued its researches into areas where, in the view of the Greek Government, the continental shelf appertains to Greece, that Government made a
diplomatic protest to the Turkish Government in a Note Verbale dated
7 August 1976, and on 10 August 1976 referred the matter simultaneously
to the International Court of Justice and to the Security Council.
23. On 25 August 1976 the Security Council adopted resolution 395
(1976) to which the Court has referred in its Order of 11 September 1976.
The operative part of the Security Council resolution called on the two
Governments "to resume direct negotiations over their differences" and
appealed to them "to do everything within their power to ensure that this
results in mutually acceptable solutions" (para. 3). Paragraph 4 of this
resolution invited:
". . . the Governments of Greece and Turkey in this respect to continue to take into account the contribution that appropriate judicial
means, in particular the International Court of Justice, are qualified
to make to the settlement of any remaining legal differences that they
may identify in connection with their present dispute".
24. While the present case was pending before the Court, Greece and
Turkey resumed their negotiations, in accordance with the Security Council resolution. Their Ministers for Foreign Affairs met in New York on
1 October 1976 and agreed that the question of the delimitation of the
Aegean continental shelf should be the subject of negotiations between the
two Governments with the aim of reaching a mutually acceptable settlement. There followed a meeting in Berne between representatives of the
two Governments from 2 to 11 November 1976, which outlined the procedure for future negotiations. It was also agreed that the negotiations would
be confidential.