first, however, the Turlush side consistently maintained the position that
reference of the dispute to the Court was to be contemplated only on the
basis of a joint submission after the conclusion of a special agreement
defining the issues to be resolved by the Court. Even the Greek Government, while arguing in favour of immediate submission of the dispute to
the Court, referred to the drafting of a special agreement as "necessary" for
submitting the issue to the Court (Notes Verbales of 2 October and
19 December 1975, Application, Ann. IV, Nos. 2 and 4). It is also significant that nowhere in the diplomatic exchanges or in the negotiations
between the experts does the Greek Government appear to have invoked
the Joint Communiqué as an already existing and complete, direct title of
jurisdiction. Furthermore, although in a Note Verbale of 27 January 1975,
before any Joint Communiqué existed, the Greek Government expressly
reserved its "right to initiate Court proceedings unilaterally" (presumably
having in mind the General Act), the Court has not found any mention by
Greece, prior to the filing of the Application, of the possibility that the
dispute might be submitted to the Court unilaterally on the basis of the
Joint Communiqué.
107. Accordingly, having regard to the terms of the Joint Communiqué
of 31 May 1975 and to the context in which it was agreed and issued, the
Court can only conclude that it was not intended to, and did not, constitute
an immediate cornmitment by the Greek and Turlush Prime Ministers, on
behalf of their respective Governments, to accept unconditionally the
unilateral submission of the present dispute to the Court. It follows that, in
the opinion of the Court, the Brussels Communiqué does not furnish a
valid basis for establishing the Court's jurisdiction to entertain the Application filed by Greece on 10 August 1976.
108. In so finding, the Court emphasizes that the sole question for
decision in the present proceedings is whether it does, or does not, have
jurisdiction to entertain the Application filed by Greece on 10 August
1976. Having concluded that the Joint Communiqué issued in Brussels on
31 May 1975 does not furnish a basis for establishing the Court's jurisdiction in the present proceedings, the Court is not concerned, nor is it
competent, to pronounce upon any other implications which that Communiqué may have in the context of the present dispute. It is for the two
Governments themselves to consider those implications and what effect, if
any, is to be given to the Joint Communiqué in their further efforts to arrive
at an amicable settlement of their dispute. Nothing that the Court has said
may be understood as precluding the dispute from being brought before
the Court if and when the conditions for establishing its jurisdiction are
satisfied.