38
AEGEAN SEA
(JUDGMENT)
91. In examining the application of the General Act to the present
dispute, the Court has not overlooked a suggestion that the Act has never
been applicable as between Turkey and Greece by reason of the existence
of the Greco-Turkish Treaty of Friendship, Neutrality, Conciliation and
Arbitration signed at Ankara on 30 October 1930 (League of Nations,
Treaty Series, Vol. 125, No. 2841). This Treaty provided for a general
system of procedures for thepacific settlement of disputes between the two
countries sirnilar to, but in some respects different from, those provided in
the General Act. It entered into force by exchange of ratifications on
5 October 1931, and under Article 28 was expressed to continue in force
for successive periods of five years, unless denounced. The length of these
periods was extended to ten years by an "Additional Treaty" of 27 April
1938, which at the same time provided that "the mutual engagements,
bilateral or plurilateral", which the parties had contracted should "continue to produce their full effect irrespective of the provisions of the
present Treaty" (League of Nations, Treaty Series, Vol. 193, No. 4493). By
these Treaties and by the General Act, therefore, Greece and Turkey
appear, prima facie, to have provided for two parallel systems of pacific
settlement, for so long as the 1930 Treaty and the General Act might
continue in force, and both Greece and Turkey have stated that they
consider the 1930 Treaty still to be in force.
92. Consequently, if the question of the effect of the 1930 Treaty on the
applicability of the General Act as between Greece and Turkey had called
for decision in the present proceedings, the Court would have been
confronted with the problem of the CO-existenceof different instruments
establishing methods of peaceful settlement, a question discussed in the
Electricity Company of Sofia and Bulgaria case (P.C.I.J., Series A/B,
No. 77). In that event it might also have been necessary to examine the
relation between the obligations of the two States under the 1930 and 1938
Treaties and those under the General Act in the light of the pertinent
provisions of those instruments-a point whch was the subject of a question put by two Members of the Court during the hearings.
93. However, the fact already established by the Court that, by reason
of Turkey's invocation of reservation (6) to the Greek accession, the
General Act is not applicable to the present dispute, and the fact that the
1930 Treaty has not been invoked as a basis for the Court's jurisdiction in
the present proceedings, dispense the Court from any 'need to enter into
these questions.
94. In paragraph 32 (2) of the Application the Greek Government
specified as the second basis on which it claims to establish the Court's
j urisdiction: