30
AEGEAN SEA
(JUDGMENT)
pacific settlement of the inter-war period, and in the proceedings of the
League of Nations connected with the drafting of the Locarno Protocol.
The propositions which they advanced on the basis of that evidence were,
briefly, as follows. First, the reason for the appearance of expressions such
as "territorial status", "territorial integrity", "territorial situation", "maintenance of frontiers" in treaties of the period, whether in the context of
reservations to pacific settlement provisions, or of territorial guarantees,
was a prevailing apprehension of attempts to modify the post-war settlements. Secondly, although the actual expressions used might Vary, their
meaning was essentially the same, namely territorial situations or régimes
established by treaties. Thirdly, when the expression "territorial status"
occurred in reservations to treaties of pacific settlement, what the States
had in mind was "disputes which were likely to arise out of territorial
claims by neighbours dissatisfied with existing solutions". Indeed, it wzs
said that the term "territorial status" in those reservations was simply "a
'code-word' for intangibility of the frontiers and territorial statuses established by the international instruments in force". The general conclusion
which the Greek Government then asked the Court to draw from that
evidence was that:
"Everything that is known of the contemporary understanding of
such terms as 'territorial status', 'territorial situation' and 'territorial
integrity' in the 1920s indicates that these expressions are to be given a
restrictive interpretation limired to the maintenance of the status quo
estabfished by treaties, normafly as the result of post-war settlement."
(Emphasis added.)
73. In the view of the Court, the historical evidence may justifiably be
said to show that in the period in question the motive which led States to
include in treaties provisions regarding "territorial status" was, in general,
to protect themselves against possible attempts to modify territorial settlements established by the peace treaties. But it does not follow that they
intended those provisions to be confined to questions connected with the
revision of such settlements. Any modification of a territorial "status" or
"situation" or "frontier" is unpalatable to a State; and the strong probability is that a State which had recourse to a reservation of disputes relating
to territorial status, or the like, intended it to be quite general. Article 39 of
the General Act, it is true, was designed to regulate the formulation of
reservations and to exclude vague or subjective reservations. But in making
express mention of disputes relating to territorial status as an example of
disputes concerning a clearly specified subject-matter, Article 39 said
nothing of this example being exclusively directed against attempts to
revise the territorial settlements established by the peace treaties.